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2023 Supreme(Mad) 765

T. V. THAMILSELVI
District Collector, District Collectorate Office, Villupuram – Appellant
Versus
M. Javid Ali – Respondent


Advocates appeared:
For the Petitioners:Haja Nazirudeen, Additional Advocate General-I Assisted by B. Vijay, Additional Government Pleader, & P. Haribabu, Government Advocate. For the Respondents:Nisser Ahmed, Gunasekaran, R1, Avinash Wadhwani, R2, Srimathi, Advocates.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, prayed to set aside the fair and decreetal order dated 08.08.2019 in IA.No.30 of 2019 in OA.No.278 of 2019 on the file of Tamil Nadu Waqf Tribunal, Chennai by allowing this Civil Revision Petition.)

1. This revision petition has been filed to set aside the order passed by the Tamil Nadu Waqf Tribunal, Chennai in IA.No.30 of 2019 in OA.No.278 of 2019 dated 08.08.2019.

2. The first respondent herein is the Applicant in OA.No.278 of 2019 on the file of the Tamil Nadu Waqf Tribunal, Chennai. He is the hereditary Muthavalli of Hasarath Syed Musthafa Sha Awlia Dharga situated at Gingee Taluk, Villupuram.

3. The learned counsel for the revision petitioners argues that the Tribunal has no right with regard to the land which belongs to the Government. Without seeking declaration, the respondents straight away filed a suit for bare injunction. Besides, they have not issued notice under Section 80 of CPC. They approached revenue officials to seek patta in the year 2019.

4. Report of the revenue officials is at page No.174 and paragraph 5 is extracted here under:

5. The order was passed by declaring that the

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