IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:16.09.2022 CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR C.R.P.No.2914 of 2022 Rahmathullah ...Petitioner Versus

1.The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Estate Officer, Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act 1975, Waqf House, No.1, Jaffar Syrang Street, Vallal Seethakathi nagar, Chennai-600 001.

3. The Executive Officer, Big Asare Sheriff Waqf, No.139, Dr.Besant Road, Triplicane, Chennai Zone. ...Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to dispose the I.A.No.43 of 2022 in O.S.No.6 of 2022 on the file of Tamil Nadu Waqf Tribunal Chennai expeditiously within a stipulated time.

For Petitioner : M/s.M.M.I.Khaleel For Respondents : M/s.S.Haja Mohideen Gisthi Senior Counsel for Waqf Board O R D E R The petitioner seeks direction to the Waqf Tribunal to dispose of the I.A.No.43 of 2022 in O.S.No.6 of 2022 within stipulated time.

2. According to the petitioner, he filed a suit against the respondents seeking declaration that he has got absolute title over the suit property and also for a declaration that the proceedings initiated by the 2nd respondent under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act is arbitrary, illegal and also for consequential injunction.

3. Pending suit he filed a petition in I.A.No.43 of 2022 seeking injuction restraining the respondents therein from interfering with his possession. The grievances of the petitioner is that I.A.No.43 of 2022 was not taken up for consideration by the Waqf Tribunal. The perusal of the docket order produced in the revision petitioner would suggest that I.A.No.43 of 2022 has been kept pending from March 2022 in counter stage without any substantial progress. The docket entry would suggest that the impleading application filed by 3rd respondent party in I.A.108 of 2022 is also pending. The counsel for the petitioner submits he had already filed a counter in impleading application in I.A.No.108 of 2022.

4. Mr.S.Haja Mohideen Gisthi, the learned counsel for the Waqf Board takes notice to the respondents 1 to 3. The learned counsel submitted that the suit filed by the revision petitioner questioning the initiation proceedings under the Public Premises Act is not at all maintainable. He further submitted questioning the very same proceedings, revision petitioner already filed a writ petition in W.P.No.2058 of 2022 and the same was dismissed and the same was not brought to the notice of the Waqf Tribunal while filing the suit.

5. In this revision, we are not concerned on the merits of the claims of the parties. The respondents are at liberty to raise all these objections before the Waqf Tribunal when the matter is taken up for consideration. In view of the limited prayer made in the Civil Revision Petition, this Court is inclined to S .SOUNTHAR , J.

jai issue a direction to the Waqf Tribunal to dispose of I.A.No.43 of 2022 and I.A.108 of 2022 in O.S.No.6 of 2022 within a period of six weeks from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs.

16.09.2022 Index: Yes/ No Speaking Order / Non-Speaking Order jai Note: Issue order copy on 21.09.2022 To

1. The Tamil Nadu Waqf Tribunal, Chennai.

C.R.P.No.2914 of 2022