K.RAJENDRAN Vs. DISTRICT COLLECTOR
LAWS(MAD)-2020-2-90
HIGH COURT OF MADRAS
Decided on February 04,2020

K.RAJENDRAN Appellant
VERSUS
DISTRICT COLLECTOR Respondents

JUDGEMENT

- (1.) Heard Mr.K.P.Satish Kumar, learned counsel for the petitioner, Mrs.A.Sri Jayanthi, learned Special Government Pleader for the respondents 1 to 3 and Mr.V.Lakshmi Narayanan, learned counsel for the fourth respondent.
(2.) The petitioners seek for issuance of a writ of certiorarified mandamus to quash the impugned proceedings dated 17.10.2016 of the third respondent, by which, the request made by the petitioners for grant of patta has been returned stating that they are required to obtain No Objection Certificate from the Wakf Board, since, in the revenue records, it has been stated indicating as "Hyders Sha Fakir Mosque Present Trustee".
(3.) The petitioners' case is that the property is not a wakf property and that a wrong entry has been made in the revenue records and also would rely upon a patta granted in favor of Visalatchi and 41 others, who are stated to be neighbours of the petitioners and the petitioners cannot be denied patta and as a citizen, who has purchased the property, he is, as a matter of right, entitled for grant of patta under the provisions of the Patta Passbook Act. Further, the learned counsel submitted that after conducting a full fledged enquiry, a decision be taken and the impugned order does not give any reason as to why the petitioners should go to the Wakf Board and obtain No Objection Certificate.;


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