Judgment :- Common Order: 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 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 petitioners property situate at Survey No.79/2 Ullagaram Village, Puzhuthivakam Ullagaram Panchayat, Kancheepuram District. 3. The case of the petitioner Association viz., Muslim Cultural Association is that G.O. (Ms.) No.1298 Revenue (L) Department Dated 29. 1986 was passed conveying the land in Survey No.79/2 in Ullagaram Village to the petitioner Association. The petitioner Association took possession of the property on 24. 1987. The said land was thereafter classified as kuttai Muslim Cultural Association as per the proceedings of Tahsildar, Saidapet in Na.Ka. No.14688/94/C1 dated 11. 1994. But, the Sub Collector of Saidapet, in the guise of some objections allegedly emanated from the Ullagaram Puzhuthivakkam Welfare Association, restrained the petitioner Association from constructing the mosque in the property alienated in favour of the petitioner Association. Even after a direction was issued by this court to the Revenue Divisional Officer, Saidapet Division in W.P.No.19168 of 1994 to pass necessary orders in his proceedings dated 6. 1987 pending before him within eight weeks from the date of receipt of order from the court, he had virtually sat on the file for about twenty long years and no reason was assigned by the Sub Collector for not giving effect to the order passed by this court. Therefore, the petitioner Association, who has got the property transferred in its name by virtue of the aforesaid G.O., may be permitted to construct the mosque in Survey No.79/2 Ullagaram Puzhuthivakkam Panchayat after quashing the proceedings in R.C.No.6661/95 A.4 dated 9. 1995. .4. On the side of the respondents, it is contended that the aforesaid proceedings initiated by the Sub Collector have to be kept pending on account of the potential objection emanated from Ullagaram Puzhuthivakkam Welfare Association. 1995. .4. On the side of the respondents, it is contended that the aforesaid proceedings initiated by the Sub Collector have to be kept pending on account of the potential objection emanated from Ullagaram Puzhuthivakkam Welfare Association. The conciliation efforts were taken by the Sub Collector to amicably settle the dispute between the petitioner Association and the aforesaid Ullagaram Puzhuthivakkam Welfare Association. Unless and until the Sub Collector passes necessary orders in his proceedings R.C.No.6661/95 A.4 dated 9. 1995, the petitioner Association cannot be permitted to construct the mosque as it may create tension in the locality. On the side of Ullagaram Town Panchayat, it is contended that as per the Resolution passed by the said Town Panchayat on 10. 1999, a compound wall was raised spending an amount of Rs.1,88,808/= in order to safeguard the property from the unlawful encroachers. Further, it has been submitted in the counter filed by them that the proposal to provide alternate site by the Revenue Department is still pending. 5. 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 24. 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. 6. 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. 6. Learned Government Advocate would vehemently submit that as the steps taken to sort out the differences between Ullagaram Puzhuthivakkam Welfare Association and the petitioner Muslim Welfare Association are still pending, the petitioner has to wait till a final order is passed by the Sub Collector, Saidapet Division. It is her further submission that the Collector will have to publish in the Government Gazette withdrawing the land in S.No.79/2 from the control of the Ullagaram Panchayat and send a report to the Board of Revenue to enable the Government to pass a final order. Therefore, the petitioner Association cannot be permitted to construct the mosque as a final order will have to be passed by the Government by virtue of the G.O. (Ms.)No.1298 Revenue (L) Department dated 29. 1986. 7. The learned counsel appearing for the Ullagaram Town Panchayat would submit that as the Town Panchayat apprehended potential encroachment over the property, the Town Panchayat put up a compound wall around the said property spending a sum of Rs.1,88,808/=. In case this court permits the petitioners to take possession of the property for the purpose of constructing a mosque over there as per the aforesaid G.O., the said amount spent by the Ullagaram Town Panchayat may be directed to be paid by the petitioner Association. 8. It is found that this case has a chequered career. The petitioner Muslim Cultural Association approached the Government to allot Survey No.79/2 measuring 0.27 acres which has been classified as Tank poramboke for the purpose of constructing mosque over there. At the first instance, the Government, by its letter 86662/L1/81.4 dated 5. 1982 rejected the claim of the petitioner Association. Thereafter, the petitioner Association submitted another representation dated 21. 1984 seeking allotment of the aforesaid land invoking beneficial Revenue Boards Standing order 24A10. The Government, by its G.O.(Ms.) No.1298 dated 29. 1986, alienated the property in S.No.79/2 measuring 0.27 acres at Ullagaram Village to the petitioner Muslim Cultural Association without any consideration and directed the petitioner Association to construct a mosque within a period of two years. The property also was ordered to be handed over to the petitioner Association. The Government, by its G.O.(Ms.) No.1298 dated 29. 1986, alienated the property in S.No.79/2 measuring 0.27 acres at Ullagaram Village to the petitioner Muslim Cultural Association without any consideration and directed the petitioner Association to construct a mosque within a period of two years. The property also was ordered to be handed over to the petitioner Association. The District Collector, Kancheepuram has been directed to withdraw the aforesaid land from the custody and effective control of Ullagaram Panchayat and submit a report to the Government through Board of Revenue for the purpose of passing a final order. .9. The Sub Collector, Saidapet Division received an objection from Ullagaram Puzhuthivakkam Welfare Association about the proposed construction of Muslim Mosque at the site allotted to the petitioner Association. The Sub Collector directed both petitioner Association and the Ullagaram Puzhuthivakkam Welfare Association to iron out their differences and come to an amicable settlement. But, quite unfortunately, inspite of the order passed by this court on 24. 1995 in W.P.No.19168 of 1994, the Sub Collector, Saidapet Division has not passed any orders on the objection raised by the Ullagaram Puzhuthivakkam Welfare Association. Even after passage of 12 years time, the Sub Collector is yet to find a solution to the problem which cropped up on account of some objection emanated from Ullagaram Puzhuthivakkam Welfare Association. Thereafter, the petitioner Association sent a Lawyers notice to the Sub Collector, but, he has given a reply saying that the conciliation was still pending. 10. The Government has passed G.O.(Ms.) No.1298 Revenue (L) Department dated 29. 1986 alienating the property in favour of the petitioner Association with a clear direction to construct a mosque within two years. Of course the property also has been entrusted to the petitioner Association under the aforesaid Government Order. The entrustment of the property and the direction by the Government to the petitioner Association to construct a mosque within two years from the date of issuance of the aforesaid G.O has nothing to do with the publication in the official gazette withdrawing the land from the control of the Panchayat and sending a report by the Collector through Board of Revenue for the purpose of passing final order. That final order contemplated in the aforesaid G.O., would relate to the withdrawal of the land from the control of the Panchayat permanently. That final order contemplated in the aforesaid G.O., would relate to the withdrawal of the land from the control of the Panchayat permanently. It appears that the Collector of Kancheepuram has not published in the official Gazette withdrawing the land from the control of the Panchayat as directed in the aforesaid G.O., and sent a report to the Board of Revenue. On a careful perusal of the entire records, it is seen that the whole process of issuance of G.O. has been successfully stalled by the Sub Collector in the guise of embarking on an enquiry on the objections raised by an Association in the matter of construction of a mosque by the petitioner Association. The enquiry embarked upon by the Sub Collector, Kancheepuram is out of the scope of the G.O., issued by the Government of Tamil Nadu. The Collector has to immediately act on the direction found in the G.O. Further, the court finds that no purpose will be served at this distance of time after a lapse of about 12 long years by directing the Sub Collector to dispose of the objection raised by Ullagaram Puzhuthivakkam Welfare Association. The Sub Collector has also not chosen to pass any final order as per the direction of this court in W.P.No.19168 of 1994. 11. G.O.(Ms.) No.1298 Revenue (L) Department dated 29. 1986 has given the petitioner Association full authority over the property in S.No.79/2 measuring 0.27 acres in Ullagaram Village. The property also has been entrusted to the petitioner Association with a specific direction to construct a mosque over there. It is only on account of the intervening event which culminated in the proceeding on the file of the Sub Collector, Saidapet, the petitioner Association was not able to construct the mosque within two years as directed in the aforesaid G.O. 12. Therefore, the proceedings of the Sub Collector, Saidapet, Division in R.C.No.6661/95 A.4 dated 9. 1995 stands quashed. The Collector, Kancheepuram District is directed to comply with the directions found in G.O.(Ms.) No.1298 Revenue(L) Department dated 29. 1986 within four weeks. The petitioner Association has every right to put up mosque over there as per the directions found in the afore said G.O. (Ms.) No.1298 Revenue (L) Department dated 29. 1986. 1995 stands quashed. The Collector, Kancheepuram District is directed to comply with the directions found in G.O.(Ms.) No.1298 Revenue(L) Department dated 29. 1986 within four weeks. The petitioner Association has every right to put up mosque over there as per the directions found in the afore said G.O. (Ms.) No.1298 Revenue (L) Department dated 29. 1986. The petitioner Association is directed to pay a sum of Rs.1,88,808/= being the cost of construction of the compound wall made by the Ullagaram Town Panchayat to the said Panchayat within a period of four weeks. Both the writ petitions are ordered accordingly. No costs.