IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders reserved on 21.02.2024 Orders delivered on 03.06.2024 CORAM :

THE HON'BLE Mrs.Justice J.NISHA BANU C.R.P.No.10 of 2022 and C.M.P.No.82 of 2022 Mohammed Shahid S/o Mohammed Isaaq .. Petitioner Vs

1. Lenin, S/o Dhatchanmoorthy

2. S.R.Shabir, S/o Sheik Bijullulla

3. Mohammed Jaggiriya S/o Mohammed Thirudin

4. Abdul Kadhar S/o Shake Ibrahim 5. Kadhar Sherief, S/o Usman Sherif ..Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to strike out the plaint in O.S.No.54 of 2021 dated 04.09.2021 on the file of the District Munsif cum Judicial Magistrate, Kattumannarkoil and further direct the lower court to delete the above suit from the suit register.

For Petitioner : Mr.S.Kumaradevan For Respondents : Mr.S.Rajamakesh for R1 No appearance for R2 to R5

O R D E R

This Civil Revision Petition has been filed to strike out the plaint in O.S.No.54 of 2021 dated 04.09.2021 on the file of the District Munsif cum Judicial Magistrate, Kattumannarkoil and further, direct the lower court to delete the above suit from the suit register.

2. The brief case of the petitioner is as follows:

(i) The petitioner is the muthavalli of Ramzan Thaikka Wakf and the Wakf is a notified one as per the Wakf Act on 06.05.1959 and the main object of the Wakf is pious, religious and charitable. The property in Survey No.103/, 2, 3 admeasuring about total extent of 9.60 acre/cents situated at Udayargudi Village, Kattumannarkoil Taluk, Cuddalore District, has been granted to one Ramzanasha in order to maintain the Thaikka and chavadi and the said grant was confirmed under R.O.No.1107 of Udayarkudi village by the Inam Commissioner on 08.10.1861. The Thaikka came to be known as Ramzansha Thaikka. Ramazansha and his descendants were in possession and enjoyment of the above said property only in the capacity as muthavallies and for maintaining the said Thaikkas and chavadi.

(ii) Originally, some third persons including the 5^th respondent were applying for patta in respect of the above survey number before Inam Abolition Tribunal, Cuddalore in I.A.T.No.6 of 1983 and Ramzan Thaikka Waqf filed a implead petition before Inam Abolition Tribunal, Cuddalore but the Settlement Officer dismissed the implead petition. Hence, Ramzan Thaikka Wakf preferred an appeal against the said order passed by the Tribunal in I.A.T.No.6 of 1983 and sought for recovery of possession in STA No.10 of 1989 before this Court and the other encroacher/third party filed appeal before this Court in S.A.Nos.1466 to 1468 of 1992 against the judgment passed in O.S.Nos.710, 711, 712 of 1986 which was filed by Ramzan Thaikka Wakf against the third parties for recovery of possession including the 5^th respondent and this Court, passed a detailed judgment giving findings that Ramzan Thaikka Wakf is the owner of the above said property and entitled to recovery of possession and dismissed all the second appeals filed by the encroachers by order dated 30.01.1997. Thereafter, the petitioner therein filed three execution petitions in E.P.No.8 &9 of 2000 and 16 of 2001 before the District Munsif cum Judicial Magistrate, Kattumannarkoil for taking possession from the 5^th respondent herein. On 17.11.2003, the suit property was handed over to muthawalli of Ramzan Thaikka Wakf. Till date, the above said property is a vacant land and there is lot of bushes and wastage in that property.

(iii) One Wadhooth Khan had filed O.S.No.55 of 2009 on the file of Wakf Tribunal, Principal Sub Court) at Cuddalore against the Ramzan Thaikka Mosque, to declare the above said property in favour of Periyapallivasal @ Udayargudi Mosque restraining the respondents from dealing with or interfering with the right, title, interest possession and enjoyment of the said property. The said suit was dismissed by judgment and decree dated 0404.2012. Challenging the same, the plaintiffs therein filed C.R.P.No.2839 of 2012 before this Court and the same was dismissed by