Madras High Court
Praveen Bohra Jain vs The Chief Executive Office on 18 September, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.26815 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.26815 of 2024
Praveen Bohra Jain ...Petitioner
Vs.
1. The Chief Executive Office,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street, Vallal Seethakathi Street,
Chennai – 600 001.
2. The Managing Trustee,
Jumma Mosque,
Udagamandalam, The Nilgiris – 643 002.
3. The Sub Registrar,
Office of the District Registrar,
Udhagamandalam, Nilgiris – 643 001.
4. A.R.Noor Mohammed ...Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Mandamus, directing the 1 st respondent to take over
the direct management of 2nd respondent Mosque as per waqf trust deed dated
07.08.1946, registered in Document No.807/1946, on the file of Sub-
Registrar, Ootacamund as per representation dated 27.06.2024.
Page No.1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.26815 of 2024
For Petitioner : Ms.R.Sripriya
For Respondents : Mr.Abdul Mubeen, for R1
: Mr.LSM.Hasan Fizal, for R3
ORDER
The petitioner has filed this Writ petition seeking direction to the 1st respondent to take over the direct management of the 2nd respondent Mosque as per waqf trust deed dated 07.08.1946, registered in Document No.807/1946, on the file of Sub-Registrar, Ootacamund, by considering the petitioner's representation dated 27.06.2024.
2. Mr.Abdul Mubeen, learned counsel takes notice on behalf of the 1st respondent, Mr.LSM.Hasan Fizal, learned Additional Government Pleader takes notice on behalf of the 3rd respondent. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.
3. Since no adverse order is being passed against the 2nd and 4th respondents, notice to the 2nd and 4th respondents is dispensed with. Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26815 of 2024
4. The case of the petitioner is that, the property comprised in Old S.No.E 451, R.S.No.1754, Sub-Divided No.1764/2A3C1, Ward-E, Block No.16 Tow Survey No.9/1, Total extent 1.79 10/16 acres, Extent conveyed as Waqf 0.89 13/16 acres originally belonged to one Adam Jam Mohammed Sait, who settled the above said property and other properties to Waqf trust for the benefit of beneficiaries, vide trust/gift deed dated 07.08.1946 bearing Doc.No.807 of 1946 and as per the said trust deed, the income derived from the trust property has to be settled in favour of the descendants, whose names are described in the said deed. As per the said trust deed, the 4 th respondent was collecting the rent as a beneficiary on behalf of the trust/waqf. The petitioner is the tenant in the said property and the monthly rent was directly remitted to the account of Noor Sait without any default. While so, in the year 2004, one Mohammed Yonnus Sait, one of the beneficiaries under the Waqf trust deed filed RCOP.No.65 of 2004 on the file of Rent Controller, Uthagamandalam for fixation of fair rent and the same was allowed, vide order dated 23.12.2009 by fixing a fair rent of Rs.18,555/-, challenging which, the petitioner filed RCA.No.2 of 2010, which was allowed, vide order dated 17.07.2012. Aggrieved by the same, the said Mohammed Yonnus Sait filed revision in CRP (NPD) No.3258 of 2013 and the same was allowed on Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26815 of 2024 04.06.2020 and this Court held that the properties under the waqf trust deed is dedicated to waqf and the beneficiaries under the trust deed have right to enjoy the income derived from it. While so, the 4th respondent sold the subject property in favour of one Altaf Ahmed, vide registered sale deed dated 22.08.2019 bearing Doc.No.146 of 2020. In such circumstances, the said Altaf Ahmed filed RLT.OP.No.5 of 2021 for eviction and the same was dismissed for default. Further, even though the beneficiaries have no right of alienation of the waqf properties, the beneficiaries under the waqf trust deed have created a partition deed bearing Doc.No.1637 of 2011 dated 30.11.2011 and based on which, they have also alienated the properties to the third parties. Aggrieved by the same, the petitioner made a detailed representation dated 27.06.2024 before the 1st and 3rd respondents seeking to take action against the above said illegal transactions made in respect of the waqf properties, which evoked no response. Hence, this Writ petition.
5. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to take over the direct management of the 2nd respondent Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26815 of 2024 Mosque as per waqf trust deed dated 07.08.1946, registered in Document No.807/1946, on the file of Sub-Registrar, Ootacamund, by considering the petitioner's representation dated 27.06.2024.
6. Learned counsel appearing for the respective respondents submitted that, appropriate orders will be passed on the petitioner's representation dated 27.06.2024 within the time stipulated by this Court.
7. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 1 st respondent to consider the petitioner's representation dated 27.06.2024 on merits and in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.
8. With the above direction, this Writ Petition stands disposed of. No Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26815 of 2024 costs.
18.09.2024
skt
NCC : Yes/No
Index : Yes/No
Speaking Order : Yes/No
To:
1. The Chief Executive Office,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street, Vallal Seethakathi Street, Chennai – 600 001.
2. The Managing Trustee, Jumma Mosque, Udagamandalam, The Nilgiris – 643 002.
3. The Sub Registrar, Office of the District Registrar, Udhagamandalam, Nilgiris – 643 001.
M.DHANDAPANI, J.
skt Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26815 of 2024 W.P.No.26815 of 2024 18.09.2024 Page No.7 of 7 https://www.mhc.tn.gov.in/judis