A.Mohammad Mubarak v. The Tamil Nadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.Mohammad Mubarak
...Petitioner
Vs The Tamil Nadu Wakf Board, Rep. By its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai -600 001
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to taken on file and record the change in management of the Bhavani Sunnath Jamath Mosque and Bhavani Muslim Burial Ground Waqf (G.S.No.62/Kovai) by considering the petitioner's statutory application dated 20.11.2023 under Section 42 of the Waqf Act 1995.
For Petitioner : Mr. A. Ajimath Begum For Respondent : Mr. Mohammed Fayaz Standing Counsel
ORDER
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In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
2. The case of the petitioner is that in the year 1959, the Bhavani Sunnath Jamath Mosque and Bhavani Muslim Burial Ground Waqf (G.S.No.62/Kovai) is notified by the State Government of Tamil Nadu on and on 14.07.2023, this Court had directed the general body to conduct selection of committee as per proforma in W.P.No.22010 of 2023. Thereafter, on 01.11.2023, the petitioner issued notice to the general public for conducting general body meeting and on 17.11.2023, the general body meeting was conducted and the set of office bearers were elected on 20.11.2023. The selection of office bearers were duly informed to the respondent for notification under Section 42 of the Waqf Act 1995. However, the same is still pending. Hence, this petition.
3. The learned standing counsel appearing for the respondent submitted that they will consider the case of the petitioner and take action in the manner known to law.
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4. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the case of the petitioner and pass orders on merits and in accordance with law within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
5. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
04.07.2024 Index:Yes/No Speaking order/Non-speaking order msv To The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai -600 001 V.BHAVANI SUBBAROYAN,J.
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msv 04.07.2024 Page No:4/4