Madras High Court
S. Jagangir vs The President on 6 December, 2021
Author: M.Sundar
Bench: M.Sundar
WP(MD) No.21103 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR
W.P(MD)No. 21103 of 2016
S. Jagangir
... Petitioner
Vs.
1. The President,
Tamil Nadu Wakf Board,
Chennai -1.
2. The Chief Executive Officer,
Tamil Nadu Wakf Board,
Chennai -1.
3. The Superintendent,
Tamil Nadu Wakf Board,
Central Branch,
Kilother Street,
Trichy -2.
4. The Trustee,
Hazrath Nabi Sallallahu Alaihi Va-Sallam Fathiha Wakf,
No. 7, Hallal Kuthiri Street.
... Respondents
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WP(MD) No.21103 of 2016
PRAYER: Petition filed under Article 226 of the Constitution of India, for
the issuance of a Writ of Mandamus, directing the fourth respondent to
consider the petitioner's representation dated 06.08.2014 regarding to repair
shop No. 97/4 situated at Jalal Kuthu Street, Trichy-8 within the time limit
that may be fixed by this court and pass orders.
For Petitioner : Mr. A. Balaji
For Respondents : Mr. D.S. Harron Rasheed
Standing Counsel for R1 to R3
R4- No appearance
ORDER
This order will govern the captioned writ petition. Read this in conjunction with and in continuation of earlier proceedings made in the captioned writ petition in the previous listing on 26.11.2021, which reads as follows:
' Mr. Balaji, learned counsel for lone writ petitioner, Mr. D.S. Haroon Rasheed, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of respondents 1 to 3 are before this court but there is no representation for the fourth respondent,thought the fourth respondent has entered appearance through a counsel and the name of the counsel is duly shown in the cause list.
2. Learned counsel for writ petitioner requests for a short accommodation to examine the position/get instructions and revert to this 2/9 https://www.mhc.tn.gov.in/judis WP(MD) No.21103 of 2016 court. Requested acceded to. List after a week.
3. List on 06.12.2021.'
2. Pursuant to the aforementioned earlier proceedings, Mr. A. Balaji, learned counsel for lone writ petitioner submits that he has since got instructions from the writ petitioner, learned counsel submits that the entire matter turns on a representation sent by the writ petitioner being representation dated 06.08.2014, pertaining to lease of the writ petitioner in a property belonging to a public wakf.
3. Hazrath Nabi Sallallahu Alaihi Va-Sallam Fathiha Wakf (hereinafter referred to as 'said Wakf' for the sake of convenience and clarity) is a public wakf and it is the nucleus of the captioned matter and lease of writ petitioner in a property belonging to said wakf and situate at 97/4 in Best Kollampatarai, Madurai Road, Trichy -8, is the central theme of the captioned writ petition.
4. The writ petitioner lessee has sent a representation to the public wakf as well as the Wakf Board and the representation dated 06.08.2014 reads as follows:
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5. As already alluded to supra, learned counsel for writ petitioner submits that it will suffice if his aforementioned representation is considered but that may really not be possible as much water has flown under the bridge qua this half a decade old writ petition.
6. Learned counsel submits that on instructions from the writ petitioner that the superstructure qua the demised property belonging to the said wakf has since been brought down owing to being in a dilapidated condition and therefore his request now is to accommodate the writ petitioner by way of lease in a new superstructure, which is to be put up in the land wherein the earlier superstructure stood. Therefore, the 06.08.2014 representation pales into insignificance.
7. Mr. Haroon Rasheed, learned Standing Counsel for Tamil Nadu Wakf Board representing respondent 1 to 3 is before me.
8. The fourth respondent is the trustee of said Wakf. The fourth respondent has entered appearance through a counsel and the name of the counsel is duly shown in the cause list but there is no representation. 5/9 https://www.mhc.tn.gov.in/judis WP(MD) No.21103 of 2016
9. Be that as it may, the narrative thus far makes it clear that this is a matter pertaining to rights and obligations of lessor, lessee qua an erstwhile demised property belonging to a public wakf. This means that this is directly within the sweep of Sub Sections 1 and 2 of Section 83 of the Wakf Act 1995 (43 of 1995) (hereafter referred to as 'said Act' for the sake of convenience and clarity).
10. I deem it appropriate to extract and reproduce Section 83 along with Sub Sections 1 and 2, I do so and the same reads as follows:
'83. Constitution of Tribunals, etc.-
1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals.
2) Any mutawalli person interested in a wakf or other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, in the Tribunal for the determination of any dispute question or other matter relating to the wakf.
3) ...........................................................
4) ...........................................................
5)...........................................................
6)...........................................................
7)...........................................................6/9
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8) ..........................................................
9)............................................................'
11. This court is also informed without any disputation that the Wakf Tribunal has since been constituted and it is functioning in Chennai. Therefore, I am of the considered view that the captioned writ petition can be disposed of as closed, preserving the rights of the writ petitioner to approach the Wakf Tribunal at Chennai with regard to the request which the writ petitioner is now making before this court.
12. Captioned writ petition is disposed of as closed with the above observations. Though obvious, it is made clear that I have not expressed any opinion or view on the merits of the matter in this order and therefore if the Wakf Tribunal is approached, it shall consider the matter on its own merits, in accordance with law, uninfluenced by any observation that made in this order, which is for the limited purpose of disposal of the captioned writ petition. There shall be no order as to costs.
06.12.2021 mnr Index : Yes/No Internet : Yes /No 7/9 https://www.mhc.tn.gov.in/judis WP(MD) No.21103 of 2016 Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1. The President, Tamil Nadu Wakf Board, Chennai -1.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai -1.
3. The Superintendent, Tamil Nadu Wakf Board, Central Branch, Kilother Street, Trichy -2.
4. The Trustee, Hazrath Nabi Sallallahu Alaihi Va-Sallam Fathiha Wakf, No. 7, Hallal Kuthiri Street.8/9
https://www.mhc.tn.gov.in/judis WP(MD) No.21103 of 2016 M.SUNDAR, J.
mnr W.P(MD)No. 21103 of 2016 06.12.2021 9/9 https://www.mhc.tn.gov.in/judis