Madras High Court
Thufail Ahmed P.M … vs The Tamil Nadu Wakf Board on 23 February, 2024
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 4079 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 4079 of 2024
Thufail Ahmed P.M … Petitioner
-vs-
1. The Tamil Nadu Wakf Board,
Rep. by its Chief Executive Officer,
No. 1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 1.
2. Managing Committee Chinna Masjid,
Rep. by its President,
Ward No. VIII, Door No. 10,
Chinna Masjid Street, Pernambut.
3. Managing Committee,
Madrasa-i-Yahayvul Islam,
Rep. by it s President,
No. 75, Chinna Masjid Street, Pernambut.
4. Managing Committee,
Madarasa-I-Nasrathul Islam,
Rep by its President,
Ward No. X, Door No. 45,
Big Mosque Street, Pernambut.
5. Managing Committee Road Mosque,
Rep by President,
Ward No. II, Chowk Road,
Pernambut.
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W.P. No. 4079 of 2024
6. Managing Committee,
Madrasa I Fathimiah Girls School,
Rep. by its President,
Ward No. X, Door No. 19,
Peria Masjid Street,
Pernambut. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent to
consider and pass orders on the representations of the Petitioner dated
20.11.2023 and 24.01.2024 seeking to conduct enquiry into the affairs and
administration of the 5 waqfs viz., Road, Mosque, Madrasa Fathima Girls
School, Chinna Masjid and Madrasa-I-Yahayavul Islam and the New Mosque &
Madrasa-I-Nasrathul Islam Waqfs which is contrary to proforma report/register
of Waqfs maintained by the Waqf Board under Sections 36 and 37 of the Waqf
Act, 1995 and consequently direct the Waqf Board to comply with the proforma
report and order dated 16.06.2023 of this Court in W.P. Nos. 25077 of 2015
and 23671 of 2018.
For Petitioner : Mr. N.A.Nassir Hussain
For Respondents : Mr. Mohamed Fayaz Ali (for R1)
ORDER
Heard Mr. N.A.Nassir Hussain, Learned Counsel for the Petitioner and Mr. Mohamed Fayaz Ali, Learned Counsel, who takes notice for the First https://www.mhc.tn.gov.in/judis 2/6 W.P. No. 4079 of 2024 Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Second to Sixth Respondents, notice to them is dispensed with.
3. The grievance ventilated by the Petitioner is that he had made a representation dated 09.09.2023 to the First Respondent to conduct enquiry into the affairs and administration of the five waqfs viz., Road, Mosque, Madrasa Fathima Girls School, Chinna Masjid and Madrasa-I-Yahayavul Islam and the New Mosque & Madrasa-I-Nasrathul Islam Waqfs which is contrary to proforma report/register of Waqfs maintained by the Waqf Board under Sections 36 and 37 of the Waqf Act, 1995 and had for consequential direction to the Waqf Board to comply with the proforma report and order dated 16.06.2023 of this Court in W.P. Nos. 25077 of 2015 and 23671 of 2018, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.
4. Learned Counsel for the First Respondent, on instructions, states that the https://www.mhc.tn.gov.in/judis 3/6 W.P. No. 4079 of 2024 enquiry in the aforesaid representation has been fixed on 11.03.2024 before the First Respondent and has made an endorsement to that effect in the court record.
5. In such circumstances, this Court without expressing any view on the merits of the controversy involved in the matter, passes the following order:-
(i) it shall be incumbent upon the First Respondent to send due notice to the Petitioner, the Second to Sixth Respondents and all other persons concerned to attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearings every month showing progress of the case;
(ii) after affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the First Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment; and
(iii) the report of such compliance shall be filed before the Registrar (Judicial) of the Court.
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23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.05.2024.
kv To The Chief Executive Officer, The Tamil Nadu Wakf Board, No. 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 1.
Copy to
1. The Registrar (Judicial), Madras High Court, Chennai – 600 104.
2. The President, Managing Committee Chinna Masjid, Ward No. VIII, Door No. 10, Chinna Masjid Street, Pernambut.
3. The President, Managing Committee, Madrasa-i-Yahayvul Islam, No. 75, Chinna Masjid Street, Pernambut.
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kv
4. The President, Managing Committee, Madarasa-I-Nasrathul Islam, Ward No. X, Door No. 45, Big Mosque Street, Pernambut.
5. The President, Managing Committee Road Mosque, Ward No. II, Chowk Road, Pernambut.
6. The President, Managing Committee, Madrasa I Fathimiah Girls School, Ward No. X, Door No. 19, Peria Masjid Street, W.P. No. 4079 of 2024 Pernambut.
7. Thufail Ahmed P.M., S/o. Khaleel Ahmed, No. 28/115, Mullah Street, Pernampet, Vellore District.
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