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Madras High CourtWP/3162/2020disposed of

H.Khathir Ahamed v. The Tamil Nadu Wakf Board

2020-03-06Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3162 of 2020 H.Khathir Ahmed

...Petitioner

vs 1.The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Sirang Street, Vallal Seetakathai Nagar, Chennai 600 001.

2.The Wakf Superintendent, Tamil Nadu Wakf Board, Salem District, Salem 636 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to consider the petitioner representation dated 26.01.2020 to direct the respondents to register a new wakf for the Quba Masjid in Anbu Nagar under Section 36 of the Wakf Act, 1995, and appoint Mr.Siraj as Mutawalli, appoint the petitioner (H.Khathir Ahamed) as President and the remaining seven members of 'Madrasaye Masjid-E-Quba trust' as members of the said Wakfs within a reasonable time fixed by this Court. For Petitioner : Mr.E.Mohamed Abbas For Respondents: Mr.Haja Mohideen Gisti

O R D E R

This writ petition is filed for a mandamus to consider the petitioner representation dated 26.01.2020, to direct the respondents to register a new wakf for the Quba Masjid in Anbu Nagar under Section 36 of the Wakf Act, 1995 and appoint Mr.Siraj as Mutawalli, appoint the petitioner (H.Khathir Ahamed) as President and the remaining seven members of 'Madrasaye Masjid-E-Quba trust' as members of the said Wakfs within a reasonable time fixed by this Court.

2. The grievance of the petitioner is that the petitioner's https://hcservices.ecourts.gov.in/hcservices/

representation dated 26.01.2020 has not been considered by the respondents so far.

3.Heard both sides.

4. This Court, at this stage, without expressing any view on the merits of the claim made by the petitioner, dispose of this writ petition, by directing the first respondent, which is now being represented by the Special Officer to consider the representation of the petitioner dated 26.01.2020 and pass orders on merits and in accordance with law, after hearing the petitioner and other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-) // True Copy// Sub Assistant Registrar vri To 1.The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Sirang Street, Vallal Seetakathai Nagar, Chennai 600 001.

2.The Wakf Superintendent, Tamil Nadu Wakf Board, Salem District, Salem 636 001.

+1 cc to Mr.S.Haja Mohideen Gisti,Advocate,SR.NO.20282 W.P.No.3162 of 2020 GS(18/05/2020) https://hcservices.ecourts.gov.in/hcservices/