Madras High CourtWP/3035/2025disposed of

Syed Jalaluddin v. The District Revenue Officer / Sub Divisional Magistrate,

2025-02-03Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Syed Jalaluddin ..

Petitioner Vs.

1.The District Revenue Officer /Sub Divisional Magistrate Collectorate Office Vellore District.

2.The Tamil Nadu Waqf Board Represented by its Chief Executive Officer No.1, Jaffer Syrang Street Mannady, Chennai - 600 001.

3.S.Y.Sowkath Ali .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent to consider the application filed by the petitioner dated 09.12.2024 and conduct an enquiry in accordance with law within a period of stipulated time and pass such further or other order. For the Petitioner : Ms.A.Ajimath Begum

For the Respondents : Dr.S.Suriya Additional Government Pleader for R1 Mr.Fakkir Mohideen for R2

ORDER

This Writ Petition is taken up for final hearing, at the stage of admission, without issuing notice to the 3rd respondent.

2. The case of the petitioner is that he was appointed as a Mutawalli by an order dated 30.10.2024. Even thereafter, the 3rd respondent whose tenure is already over has not handed over the charge. The petitioner therefore, made an application to the 1st respondent under Section 68 of the Waqf Act, 1995. The 1st respondent has to take action on the said application dated 09.12.2024 in accordance with law.

3. Dr.S.Suriya, the learned Additional Government Pleader takes notice for the 1st respondent and Mr.Fakkir Mohideen, the learned counsel takes notice for the 2nd respondent.

4. In view of the limited nature of relief that is prayed for, the 1st respondent is directed to decide the application dated 09.12.2024 which was made by the petitioner under Section 68 of the Waqf Act, 1995 and take further action in accordance with law. It is made clear that the 3rd respondent shall also be heard along with the petitioner, while deciding the application. The exercise shall be completed within a period of four weeks from the date of receipt / production of the website uploaded copy of this order, without waiting for the certified copy.

5. With the above direction, this Writ Petition stands disposed of. No costs.

03.02.2025 : No Jer D.BHARATHA CHAKRAVARTHY, J.

Jer To

1.The District Revenue Officer /Sub Divisional Magistrate Collectorate Office Vellore District.

2.The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Mannady, Chennai - 600 001.

03.02.2025