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2025 DAILYLAW 23582 (MAD)

SHAHIN v. THE CHIEF EXECUTIVE OFFICER

WP/8569/2025 · 2025-03-13

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.8569 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:13.03.2025 Coram: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8569 of 2025 Shahin, W/o Sheik Nazeer, No.1A, Kachirpaayam Road, Kallakuruchi, Tamil Nadu 606 202. .. Petitioner /versus/ 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001. 2.Tahsildar, Kallakuruchi, Tamil Nadu 606 202. 3.Village Administrative Officer, Kallakuruchi, Tamil Nadu 606 202. .. Respondents 1/5 https://www.mhc.tn.gov.in/judis W.P.No.8569 of 2025 Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent No.1 to issue NOC (No objection Certificate) to the said schedule property located in Kallakuruchi District, Kallakuruchi Taluk, Old Survey No.93/11 New Survey No.93/11A1C and 92/11A2B, immediately. For Petitioner :Mr.A.Rajamohamed For Respondents :Mr.Mohamed Fayaz Ali for R1 Mr.S.Senthil Murugan, Spl.GP for R2 and R3 ------- ORDER The Writ Petition has been filed for Mandamus to direct the respondents 1 and 2 to issue NOC to the schedule property located in Kalakuruchi District, Kallakuruchi Taluk Old S.No.93/11 New Survey No.93/11A1C and 93/11A2B and to pass such other orders. 2.Upon hearing the learned counsels on either side and perusing the affidavit and other material records, the grievance of the petitioner is that the said piece of land belongs to the petitioner and it is her personal 2/5 https://www.mhc.tn.gov.in/judis W.P.No.8569 of 2025 property. It has been wrongfully classified as if it is a waqf property. A communication is sent to the Sub Registar in that regard, but there is no such waqf existing, as claimed by the first respondent. 3. When the matter came up for admission, Mr.Mohamed Fayaz Ali, learned counsel taking notice on behalf of the first responden would submit that the first respondent would hear the petitioner; conduct an enquiry and come to a conclusion. If the conclusion is reached that the land is the petitioner's private land, appropriate communication will be issued to the Sub Registar and an NOC will be issued. On the other hand, if the conclusion is arrived at that it is a waqf property, the same will be intimated to the petitioner in writing and the petitioner will be entitled to such remedy, as available under law. 4. In view thereof, the same is recorded and the said exercise is directed to be completed within a period of eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of 3/5 https://www.mhc.tn.gov.in/judis W.P.No.8569 of 2025 the order. 5. Accordingly, this Writ Petition is disposed of. No costs. 13.03.2025 ari Neutral citation:no To 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001. 2.Tahsildar, Kallakuruchi, Tamil Nadu 606 202. 3.Village Administrative Officer, Kallakuruchi, Tamil Nadu 606 202. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.8569 of 2025 D.BHARATHA CHAKRAVARTHY,J. ari W.P.No.8569 of 2025 13.03.2025 5/5 https://www.mhc.tn.gov.in/judis