S.Z.Syed Thajuddin Aslam v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN S.Z.Syed Thajuddin Aslam S/o.Syed Zainulabudeen No.16, Sree Rajappa Nagar Kattur, Trichy 620 019.

... Petitioner Vs.

1.The Chairman Tamil Nadu Wakf Board No.1, Jaffer Sherong Street Vallal Seethakathi Nagar Chennai 600 001 2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Sherong Street Vallal Seethakathi Nagar Chennai 600 001 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to pass final orders in the proceedings of Na.Ka.No.4417/12/B5/Trichy dated 31.12.2013, which is respect to issue of Direct Management in respect of Syed Abdulla Arab Wakf. 1/4

For Petitioner : Mr.A.Ilayaperumal For Respondents : Mr.Hajamohideen Gisthi Standing counsel

O R D E R

This Writ Petition has been filed seeking direction to the 1st Respondent to pass final orders in the proceedings of Na.Ka.No.4417/12/B5/Trichy dated 31.12.2013, which is respect to issue of Direct Management in respect of Syed Abdulla Arab Wakf.

2.The Petitioner claimed that he has been removed from the position as Mutawalli, without proper notice and the Wakf is placed under direct management of the Wakf Board. By placing reliance upon Section 65 of the Wakf Act,1995, that the minimum period for direct management is only for five years, he has now sought for passing of final orders in the impugned proceedings, pursuant to the order passed by this Court in W.P.No.21047 of 2014 dated 06.08.2014.

3.Heard the learned counsel for the Petitioner and the learned counsel for 2/4

the Respondents.

4.Learned counsel for the Respondents would contend that within a period of twelve weeks, the Wakf Board will pass necessary final orders in accordance with law.

5.This Court is not expressing any opinion on the merits of the claim made by the Petitioner or otherwise. Based on the submission made by the learned counsel for the Respondents, this Writ Petition is allowed, with a direction to the 1st Respondent to pass final orders on the impugned proceedings in Na.Ka.No.4417/12/B5/Trichy, dated 31.12.2013, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

08.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

RMT.TEEKAA RAMAN.J, sai To 1.The Chairman Tamil Nadu Wakf Board No.1, Jaffer Sherong Street Vallal Seethakathi Nagar Chennai 600 001 2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Sherong Street Vallal Seethakathi Nagar Chennai 600 001 Dated: 08.03.2023 4/4