MUSLIM CULTURAL ASSOCIATION Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition No. 12261 of 1997 is filed seeking a relief of certiorarified mandamus to call for the records from the third respondent, sub Collector, Saidapet relating to R. C. No. 6661/95 A4 dated 1. 9. 1995 and quash the same and direct the respondents to permit the petitioner Association to construct the mosque at S. No. 79/2 Ullagaram Puzhuthivakkam Panchayat, kancheepuram District.

(2.) WRIT Petition No. 6264 of 2000 is filed seeking a direction in the nature of writ of mandamus to direct the respondent to remove the illegal and unauthorised compound wall constructed by the second respondent, Ullagaram Puzhuthivakkam Town Panchayat in the petitioner's property situate at Survey No. 79/2 Ullagaram Village, Puzhuthivakam Ullagaram panchayat, Kancheepuram District.

(3.) LEARNED counsel for the petitioner Muslim Cultural association would submit that the Sub Collector has unnecessarily entertained an objection from the local Welfare Association in respect of the G. O. passed by the Government of Tamilnadu alienating the property with a specific direction to construct the mosque within a period of two years. The direction given by this court in W. P. No. 19168 of 1994 directing the Revenue Divisional Officer (Sub Collector), Saidapet Division to pass necessary orders in the proceedings initiated by him within a period of eight weeks from the date of receipt of order, which came to be passed as early on 21. 4. 1995, has not been complied with, by the Sub Collector. He has simply passed the buck saying that the ullagaram Puzhuthivakkam Welfare Association and the petitioner Muslim Welfare association will have to sit together to sort out the issue. It is his further submission that the Sub Collector has made an inroad in the aforesaid order passed by the Government of Tamil Nadu alienating the property for the purpose of constructing the mosque in the said property. Further, he would fairly submit that the petitioner Association is prepared to pay the exact cost incurred by the Ullagaram Town Panchayat for the purpose of safeguarding the property.