Madras High CourtWP/1352/2019disposed of

Z.Shahul Hameed v. The Tamilnadu Waqf Board

2019-01-22Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2019 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.1352 of 2019 Z.Shahul Hameed .. Petitioner .Vs.

1. The Tamilnadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Mannady, Chennai - 600 001.

2. Sholavalli Mosque Wakf, Represented by its Trustee, Chinnatheru, Nellikuppam, Cuddalore District. .. Respondents PRAYER: Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 29.11.2018 and thereby to conduct enquiry with regard to the affairs of the 2nd respondent Waqf. For Petitioner : Mr.A.Ajimath Begam For R1 : Mr.A.Rajamohamed

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the first respondent to consider his representation dated 29.11.2018 and thereby to conduct an enquiry with regard to the affairs of the second respondent Wakf.

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3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 29.11.2018 to the first respondent to conduct an enquiry and take action against the mismanagement of committee members of the second respondent and to recover the wakf property, but, the same is yet to be disposed of by the first respondent. Hence, the petitioner is before this Court.

4. Heard Mr.A.Ajimath Begam, learned counsel appearing for the petitioner and Mr.A.Rajamohamed, learned counsel appearing for the first respondent.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider the petitioner's representation dated 29.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, second respondent herein as well as any of the interested parties and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

rsi Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar To 1.The Tamilnadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Mannady, Chennai - 600 001.

+1cc to M/s.A.Ajimath Begam, Advocate, S.R.No.4409 W.P.No.1352 of 2019 nrl(co) kak(23/01/2019) https://hcservices.ecourts.gov.in/hcservices/