NATARAJ Vs. SUB COLLECTOR

JUDGEMENT

(1.) The petitioners, twelve in number, have filed this writ petition challenging an order passed by the first respondent, Sub Collector, Tirupattur, Vellore District, dated 30.01.2010, setting aside a patta granted in respect of the land which was used as a burial ground by the people belonging to Muslim Community.

(2.) The petitioners would contend that they are all co-owners of the property in Survey No.170/3A in Kandili Village, Tirupattur Taluk, which was a "personal inam" given to Janab Masim Sa Fakkir, which was taken over under the provisions of the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as "the 1963 Act"). It is further submitted that the grantee then was given absolute right and power of alienation under the settlement proceedings. The descendants of the said Janab Masim Sa Fakkir divided the properties among themselves and had been enjoying the same as undivided owners.

(3.) It is further submitted that the Settlement Officer, Vellore District, granted settlement patta to the legal heirs of one Syed Kasim Sahib, by proceedings dated 25.06.1970. It is stated that the Tamil Nadu Wakf Board filed a suit in O.S.No.259 of 1968 on the file of the District Munsif Court, Tirupattur, for declaration that the suit schedule properties are Wakf properties. The suit was dismissed.