W.P.No.1187 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.01.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1187 of 2025 & W.M.P.No. 1425 of 2025 The Ashurkhana and Mosque Wakfs Rep by its President, A. Najir Hussain, Manellore, Madharpakkam 601 202 Gummidipoondi Taluk, Tiruvallur District ...Petitioner Vs. 1.The State Government of Tamil Nadu Rep by its Secretary, Backward, Most Backward and Minority Welfare Department and Wakf Affairs, St. George fort, Ghennai 2.The Secretary to the Government Industries, Investment Promotion and Commerce (SIPCOT-LA) Department, St. George Fort, Chennai 1/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 3.The Tamil Nadu Wakf Board Rep., by its Chief Executive Officer No 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001 4.The District Collector District Collector Office, Tiruvallur District 5.The Special District Revenue Officer (LA) Sipcot Gummidipoondi Scheme, Gummidipoondi Taluk, Tiruvallur District 6.The Special Tahsildar Land Acquistiion, SIPCOT - Manellore Phase III Unit 7 Gummidipoondi ...Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 5th and 6th respondents to follow the procedure as mandated under the proviso of Section 51 of the Wakf Act 1995 while implementing the G.O (Ms) No 46 dated 15.03.2024 of Industries, Investment Promotion and Commerce (SIPCOT -LA) Department and thereby give reasonable opportunity to the 3rd 2/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 respondent and the petitioner based on the representation dated 07.11.2024. For Petitioner : M/s. A.Ajimath Begum For Respondents : Mr. A.Selvendran 1, 2, 4 to 6 Special Government Pleader. O R D E R The Writ Petition is filed for the following relief: “To direct the 5th and 6th respondents to follow the procedure as mandated under the proviso of Section 51 of the Wakf Act 1995 while implementing the G.O (Ms) No 46 dated 15.03.2024 of Industries, Investment Promotion and Commerce (SIPCOT -LA) Department and thereby give reasonable opportunity to the 3rd respondent and the petitioner based on the representation dated 07.11.2024 .” 3/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 2.The short facts leading to the filing of the above Writ Petition is that the petitioner Wakf has been surveyed and notified as Wakf on 17.12.1958. On 01.08.2022, the Chief Executive Officer, namely, the 3rd respondent sent a letter to the Sub Registrar objecting to the registration of the Wakf property by third parties. The District Collector by his letter dated 06.03.2023 had directed the Tahsildar to survey and file a report. 3. Pursuant to which, GO.Ms.No.46 dated 15.03.2024 was passed by the Secretary to Government, Industries, Investments Promotion and Commerce (SIPCOT– LA) Department to identify the pattadhars and pass order for acquiring an extent of 151.14 acres of patta lands in Madarpakkam, Sanaputhur, for the formation of the Bulk Drug Park by SIPCOT. The lands of the petitioner Wakf was also included in the said GO. 4/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 4. The respondents 4 and 5 had issued Section 3 (1) and 3 (2) notice in respect of the properties belonging to the petitioner Wakf. However, since patta stood in the name of third parties who have fraudulently asserted title over the Wakf property and claimed that compensation must be given to them, the 2nd respondent had not issued notice to the petitioner. 5. The petitioner also learns that the respondents are taking steps to pass final orders to decide the award amount. The said exercise is being done by the 4th and 5th respondents with the persons who are shown as pattadhars but who are not the owners of the land. The petitioner therefore submitted a representation to respondents 5 and 6 objecting to the same and calling upon them to follow the provisions mandated under Section 5 of the Act. They had also submitted a representation dated 07.11.2024 to respondents bringing to the notice of the respondents that the property in question belongs to the Wakf. 5/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 6. Since no action has been taken on this representation, the petitioner is before this Court. 7. Heard the learned counsels and perused the records. 8. The petitioner's contention is that the property belongs to the Wakf and the same is evident from the profoma submitted by the 3rd respondent. 9. Since the representation has not been considered and as there is a likelihood of compensation being disbursed, a mandamus is issued to the 5th and 6th respondents to consider the representation of the petitioner dated 07.11.2024 and pass orders thereon, after hearing the petitioner and the other pattadhars, who have been shown as pattadhars before the compensation is disbursed. The said exercise shall be completed within a period of 3 months, from the date of receipt of a copy of this order. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 10. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs. 22.01.2025 Index : Yes/No Internet : Yes/No kan 7/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 To 1.The State Government of Tamil Nadu Rep by its Secretary, Backward, Most Backward and Minority Welfare Department and Wakf Affairs, St. George fort, Ghennai 2.The Secretary to the Government Industries, Investment Promotion and Commerce (SIPCOT-LA) Department, St. George Fort, Chennai 3.The Tamil Nadu Wakf Board Rep., by its Chief Executive Officer No 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001 4.The District Collector District Collector Office, Tiruvallur District 5.The Special District Revenue Officer (LA) Sipcot Gummidipoondi Scheme, Gummidipoondi Taluk, Tiruvallur District 6.The Special Tahsildar Land Acquistiion, SIPCOT - Manellore Phase III Unit 7 Gummidipoondi 8/9 https://www.mhc.tn.gov.in/judis W.P.No.1187 of 2025 P.T. ASHA, J, kan W.P.No. 1187 of 2025 22.01.2025 9/9 https://www.mhc.tn.gov.in/judis