Madras High Court
Dr.S.Mohamed Aslam vs The Tamil Nadu Wakf Board on 18 April, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.9667 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.9667 of 2024
Dr.S.Mohamed Aslam ... Petitioner
Vs.
1.The Tamil Nadu Wakf Board,
Rep. by its Chairman,
No.1, Jaffer Sirang Street,
Vallal Seethakkathi Nagar,
Chennai - 600 001.
2.The Tamil Nadu Wakf Board,
Rep. by its Chief Executive Officer,
No.1, Jaffer Sirang Street,
Vallal Seethakkathi Nagar,
Chennai -600 001. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to initiate
proceedings for recovery of Wakf Properties involved in the registered
Exchange Deed dated 31.08.1995, on the file of the Sub Registrar
Abiramapattinam (Document No.767 of 1995) as per the provisions of
Wakf Act on the basis of the latest representations given by the petitioner
to the respondents on 20.12.2021 in person and 08.03.2024 by R.P.A.D.
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https://www.mhc.tn.gov.in/judis
Page No. 1 of 8
W.P.(MD) No.9667 of 2024
For Petitioner : Mr.K.Vijayaraghavan
For Respondents : Mr.G.Chandrasekar
Standing Counsel
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to initiate proceedings for recovery of Wakf Properties involved in the registered Exchange Deed dated 31.08.1995, on the file of the Sub Registrar Abiramapattinam (Document No.767 of 1995) as per the provisions of Wakf Act on the basis of the representations given by the petitioner to the respondents on 20.12.2021 in person and on 08.03.2024 by R.P.A.D.
2. The petitioner who officiated as Secretary of MKN Madras Wakf during the period between 2005 and 2011 has been religiously pursuing with the trustees/muthavalli and thereafter to the Wakf Board to take action regarding the exchange of property made on 31.08.1995.
3. The specific case of the petitioner is that the property in question which was exchanged by an Exchange Deed dated 31.08.1995 was the property which was purchased by the petitioner's father out of his own _____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 8 W.P.(MD) No.9667 of 2024 funds in the capacity as the Secretary of the Wakf. It is submitted that the property which was exchanged was also that of the Wakf and a fraud was played on the Wakf. That apart, it is submitted that the exchange of property was made without sanction of the Board under Section 51 of the Wakf Act, 1995.
4. The learned counsel for the petitioner further submits that one Mr.M.Abdul Rahim had also filed a Writ Petition before this Court in W.P.(MD) No.10238 of 2014 to direct the Chief Executive Officer of Wakf Board to take action on the basis of his representation dated 25.04.2014 and that aforesaid Writ Petition came to be disposed of on 26.06.2014 with the following observations:-
“This writ petition has been filed for a Writ of Mandamus directing the respondent to take action on the basis of the representation given by the petitioner dated 25.4.2014 within a stipulated time.
2.It is stated by the petitioner in the affidavit filed in support of this writ petition that M.K.N.Madharasa Trust was endowed with the landed properties. The administration of income derived from the landed properties vests with the Board of Trustees. A comprehensive scheme was settled and decreed in O.S.No.21 of 1952.
_____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 8 W.P.(MD) No.9667 of 2024 According to the scheme, the trustees are to be nominated for three years as per the scheme decree passed in O.S.No.21 of 1952, which was subsequently amended in O.S.No.6 of 1970 and modified in A.S.No.992 of 1978. The petitioner was nominated on 31.03.2006 as trustee by the Hon'ble Scheme Court. The petitioner was constrained to bring to the notice of the Wakf Board that the ex- trustees in office, during 1992-1995 had acted as against the interest of the Trust and made illegal transfer of trust land to the third parties. They did not obtain the sanction of the Scheme Court. In this regard, the petitioner has made a representation dated 25.04.2014 to the respondent, but the same has not been considered. Hence, the petitioner has come up with the present writ petition with the prayer as already stated supra.
3. Heard the learned counsel appearing on either side.
4. Though very many contentions have been raised in this writ petition, the learned counsel for the petitioner submitted that if a direction is issued to the respondent to consider the representation of the petitioner dated 25.04.2014, that would suffice. Considering the said submission of the learned counsel for the petitioner, this Court is not dealing with the other averments made in the writ petition. Accordingly, this Court directs the respondent to consider the petitioner's representation dated 25.04.2014 and pass appropriate orders, after affording opportunity to all the necessary parties, as early as possible.
5. The writ petition is disposed of accordingly. No costs.” _____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 8 W.P.(MD) No.9667 of 2024
5. It is submitted that thereafter, in right earnest also, notices were issued by the Chief Executive Officer of the Wakf Board on 28.07.2014 and 11.08.2014 to the parties for enquiry. However, strangely, the said Mr.M.Abdul Rahim (the petitioner in W.P.(MD) No.10238 of 2014) withdrew the complaint, as a result of which, the enquiry which commenced has not been completed. It is submitted that obviously, the said Mr.M.Abdul Rahim (the petitioner in W.P.(MD) No.10238 of 2014) had filed collusive proceedings to initiate proceedings against the then Secretary and office bearers of the Trust and later withdrew the same, to infuse some semblance of legality for the purpose of giving legitimate rights to the Exchange Deed dated 31.08.1995.
6. It is submitted that the petitioner has been sending representations repeatedly to the respondents. However, no action has been taken by the respondents.
7. This Writ Petition is opposed by the learned Standing Counsel for the respondents stating that in paragraphs 17 & 18 of the affidavit filed in support of this Writ Petition, the petitioner has itself stated that the _____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 8 W.P.(MD) No.9667 of 2024 petitioner has moved the Wakf Tribunal on 23.06.2007 for recovery of the property and therefore, this Writ Petition is devoid of merits. That apart, it is submitted that in respect of the same property, there are several disputes and the Wakf Board cannot be forced to take action based on the petitioner's representations dated 20.12.2021 and 08.03.2024 and therefore, there is no merits in this Writ Petition.
8. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
9. Although the learned Standing Counsel for the respondents would seek time for getting instructions, I am of the view that this Writ Petition can be disposed of in view of the directions contained in the order dated 26.06.2014 passed by this Court in W.P.(MD) No.10238 of 2014. That apart, the petitioner has been sending several representations in person and through R.P.A.D. However, they did not evoke any response. That apart, it is for the Wakf Board to initiate proceedings pursuant to the order of this Court dated 26.06.2014 in W.P.(MD) No.10238 of 2014. Nothing has progressed thereafter.
_____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 8 W.P.(MD) No.9667 of 2024
10. Considering the fact that the petitioner's representations did not evoke any response and considering the fact that there are some suspicions on the Exchange Deed dated 31.08.1995 as to its bona fide and the transfer was made contrary to Section 51 of the Wakf Act, this Writ Petition is disposed by directing the first respondent to complete the proceedings which was commenced pursuant to the order of this Court dated 26.06.2014 in W.P.(MD) No.10238 of 2014, within a period of 90 days from the date of receipt of a copy of this order. No costs.
18.04.2024 Index: Yes / No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN Copy To:
1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakkathi Nagar, Chennai - 600 001.
2.The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakkathi Nagar, Chennai -600 001.
_____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 8 W.P.(MD) No.9667 of 2024 C.SARAVANAN, J.
JEN W.P.(MD) No.9667 of 2024 18.04.2024 _____________ https://www.mhc.tn.gov.in/judis Page No. 8 of 8