MUMTAJ, W/O (LATE) SAYED MAHABOOB (A) BABULAL Vs. DIRECTOR GENERAL OF DEFENCE ESTATES, RAKSHA SAMPADA BHAWAN; SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA; PRINCIPAL DIRECTOR, DEFENCE ESTATES, SOUTHERN COMMAND, MANEKJI MEHTA ROAD, PUNE; GENERAL OFFICER COMMANDER IN CHIEF, DEFENCE EST

JUDGEMENT

(1.) Heard the learned counsels appearing on behalf of the petitioner, as well as the respondents.

(2.) This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider and pass orders on the representation of the petitioner, dated 19.2.2014, and pass such further orders, as this court may deem fit and proper in the facts and circumstances of the case.

(3.) The petitioner has stated that she is the caretaker and the hereditary Muthavalli of the Hazarath Syed Shah Ali Masthan Chaman Shah Ali Zindey Masthan Madarsha E-Shah Ali Masthan Dargah (hereinafter referred to as the Dargah ), situated at No.10/1, G.S.T. Road, St. Thomas Mount, Chennai, having an extent of 0.3698 acres. It has been further stated that the husband of the petitioner, namely, late Syed Mahaboob @ Babulal, had been serving as the hereditary Muthavalli of the Dargah. The Dargah finds a place in the GLRS field map of the Department of Defence Estates, Madras Circle, Chennai. It has also been stated that the petitioner is paying the taxes and the electricity bills relating to the Dargah, regularly. While so, the petitioner had applied for a building plan, relating to the Dargah and it had been sanctioned by the office of the 7th respondent, vide his proceedings, dated 11.9.2013, granting permission for certain renovation and construction works. The petitioner had started constructing of a room, having an extent of about 500 sq.ft., as per the building plan sanctioned by the 7th respondent, from the funds collected from the devotees of the Dargah. While so, the respondents 9 and 10 had started interfering with the construction works.