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2025 DAILYLAW 32962 (MAD)

R.GURUSAMY v. THE CHIEF EXECUTIVE OFFICER

WP/12790/2025 · 2025-04-08

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Nos. 12790, 12791 & 12793 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos. 12790, 12791 & 12793 of 2025 W.P.No.12790 of 2025 R.GURUSAMY ... Petitioner Vs 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO. 1, JAFFAR SYRANG STREET, VALLA SEETHAKATHI NAGAR, CHENNAI - 600 001. 2. THE SUB REGISTRAR, METTUPALAYAM, COIMBATORE DISTRICT. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to remove the petitioner's property comprised in S.No. 350/1A measuring to an extent of 21 cents situated at Belladhi Village, Mettupalayam Taluk, Coimbatore District from the classification of Waqf property mentioned in the circular of the first respondent in R.C.No.786/2022/B2/CBE dated 21.02.2022 to the registering authority/the second respondent by considering the petitioner's representation dated 11.01.2025. W.P.No.12791 of 2025 1/5 https://www.mhc.tn.gov.in/judis W.P.Nos. 12790, 12791 & 12793 of 2025 MUTHUSAMY ... Petitioner Vs 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO. 1, JAFFAR SYRANG STREET, VALLA SEETHAKATHI NAGAR, CHENNAI -600 001. 2. THE SUB REGISTRAR, METTUPALAYAM, COIMBATORE DISTRICT. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to remove the petitioner's property comprised in S.Nos.387/2A and 387/2B situated at Belladhi Village, Mettupalayam Taluk, Coimbatore District from the classification of Waqf property mentioned in the circular of the first respondent in R.C.No.786/2022/B2/CBE dated 21.02.2022 to the registering authority/the second respondent by considering the petitioner's representation dated 25.01.2025. W.P.No.12793 of 2025 S.KUMARESAN ... Petitioner Vs 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO. 1, JAFFAR SYRANG STREET, VALLA SEETHAKATHI NAGAR, CHENNAI -600 001. 2. THE SUB REGISTRAR, METTUPALAYAM, 2/5 https://www.mhc.tn.gov.in/judis W.P.Nos. 12790, 12791 & 12793 of 2025 COIMBATORE DISTRICT. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to remove the petitioner's property comprised in S.Nos.387/1 and 387/2C situated at Belladhi Village, Mettupalayam Taluk, Coimbatore District from the classification of Waqf property mentioned in the circular of the first respondent in R.C.No.786/2022/B2/CBE dated 21.02.2022 to the registering authority/the second respondent by considering the petitioner's representation dated 09.01.2025. In all W.Ps. For Petitioner : Mr.M.Mohamed Riyaz For R1 : Mr.Abdul Mobeen (Waqf Board) For R2 : Mr.R.Sasikumar Government Advocate COMMON ORDER These writ petitions are filed with prayers to remove the respective property of the petitioners from the list of Waqf properties. 2. The grievance of the petitioners is that the property belongs to them. They have got title deeds for it. In spite of the same, when they recently tried to deal with the property by presenting sale deeds, etc., before the jurisdictional Sub - Registrar, the Sub - Registrar pointed out a communication 3/5 https://www.mhc.tn.gov.in/judis W.P.Nos. 12790, 12791 & 12793 of 2025 received from the Waqf Board, claiming these survey numbers as Waqf property. Therefore, the petitioners have also made representations to the first respondent, the Waqf Board, on various dates, requesting them to conduct an enquiry. 3. When the matter came up for hearing, the learned counsel taking notice on behalf of the first respondent, would submit that the first respondent will take up the representation of the petitioners for enquiry. Due notices will also be issued to the petitioners. The petitioners can also produce any documents in their favour. Thereafter, the issue will be considered and orders will be passed. The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. 4. In view thereof, this writ petition is disposed of. No costs. 08.04.2025 Neutral Citation: Yes/No nsl D.BHARATHA CHAKRAVARTHY, J. 4/5 https://www.mhc.tn.gov.in/judis W.P.Nos. 12790, 12791 & 12793 of 2025 nsl To 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO. 1, JAFFAR SYRANG STREET, VALLA SEETHAKATHI NAGAR, CHENNAI - 600 001. 2. THE SUB REGISTRAR, METTUPALAYAM, COIMBATORE DISTRICT. W.P.Nos. 12790, 12791 & 12793 of 2025 08.04.2025 5/5 https://www.mhc.tn.gov.in/judis