Madras High Court
Petitioner vs The Chief Executive Officer on 10 October, 2022
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P(MD).No.23259 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P(MD).No.23259 of 2022
A.Jahir Hussain
: Petitioner
Vs
1. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai - 600 001.
2. The Superintendent,
Tamil Nadu Wakf Board,
Town Hall Road,
Madurai - 625 001.
3. A.Kaja Mohideen,
4. Sultan Alavudeen @ J.Raj Kapoor,
: Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, direct the 1st Respondent to
pass suitable orders in the proceedings pending before him vide Na.Ka.No.
17133/04/M8-Madurai within the time stipulated by this Court in accordance
with law and in the manner known to law.
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W.P(MD).No.23259 of 2022
For Petitioner : Mr.Babu Rajendran
For R1 & R2 : Mr.D.Haroon Rasheed
Standing Counsel
ORDER
This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the 1st Respondent to pass suitable orders in the proceedings pending before the 1st Respondent vide Na.Ka.No.17133/04/M8-Madurai.
2.The petitioner is an elected Executive Committee member and Joint Secretary of the Pallivasal called as Madurai Managar Kollampattarai Theru, Sungam Pallivasal Muslim Uravinmurai Jamath. The said Palivasal is about 300 years old and which is duly registered with Tamilnadu Wakf Board vide Registration No.GS122/MDU. It was managed by three members called as Peria Nattanmai, Chinna Nattanmai and Periyakudithanam. In terms of the proforma report maintained by the Wakf Board, it is evident that Muthavali was elected by the Muslim Jamathars.
3.It is submitted by the learned Standing Counsel that presently, it is https://www.mhc.tn.gov.in/judis 2/5 W.P(MD).No.23259 of 2022 managed by the elected members. However, the petitioner had lodged a complaint before the Superintendent of Tamil Nadu Wakf Board, alleging ir- regularities committed by the President and the Treasurer namely Kaja Mohideen and J.Raj Kapoor @ Sulthan Alavudeen, including the following:
(1)g[jpjhf fl;lg;gl;L tUk; fl;ol rk;ge;jkhd tut[ bryt[ fzf;Ffs;/ (2)fl;olk; kw;Wk; elg;g[ fzf;Ffs;/ (3)tR{y; bra;ag;gl;l urPJ g[j;jf';fs; gw;wpa tpguk;/ (4)gs;spf;Tlk; rk;ge;jkhd tut[?bryt[ fzf;Ffs;/ (5)ed;bfhil urPJfs; gw;wpa tpguk;/ (6)ifapUg;g[ bjhif/ (7)t';fp vUg;g[ bjhif/ (8)fl;olk; kw;Wk; elg;g[ fzf;FfSf;F bfhLf;fg;gl;l urPJfs; (fhg;gp)/ (9)$khj; jiyf;fl;L thp tR{y; bra;a[k; urPJ g[j;jfk;/ (10)epf;fhcw; kw;Wk; epr;rajhj;j;j urPJ g[j;jfk;/ (11)$khj;jhh;fs; gw;wpa thf;fhsh; $hgpjh/
4.The said representation has not been disposed off yet.
5.It was submitted by the learned counsel appearing for the respondents that the same would be disposed of within a period of two months from the date of receipt of a copy of this order.
6. In view of the above submission and taking into consideration the facts and circumstances of the case and the limited relief sought for in this https://www.mhc.tn.gov.in/judis 3/5 W.P(MD).No.23259 of 2022 Writ Petition, there shall be a direction to the 1st Respondent herein to pass orders in Na.Ka.No.17133/04/M8-Madurai, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the 1st Respondent to pass orders in Na.Ka.No. 17133/04/M8-Madurai on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
10.10.2022
Index : Yes / No
Internet : Yes/ No
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To
1. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai - 600 001.
2. The Superintendent,
Tamil Nadu Wakf Board,
Town Hall Road,
Madurai - 625 001.
MOHAMMED SHAFFIQ, J.
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