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Madras High CourtWP/3075/2023disposed of

Sheik Hussain Pet Jamia Masjid (Jamiya Masjid) v. The Chairman

2023-02-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 3075 of 2023 Shiek Hussain Pet Jamia Masjid (Jamiya Masjid) Rep by its Vice President Shaikh Hussain Pet Village Pali Panchayat, Ulundurpet Taluk Kallakurichi District .. Petitioner

Versus

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 3.Janab Mohammed Zakkariya ..

Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider and pass orders on the petitioner's objection dated 07.11.2022 and 02.12.2022 in respect of Registration of Shiek Hussain Pet Jamia Masjid (Jamiya Masjid), Shaikh Hussain Pet Village, Pali Panchayat, Ulundurpet Taluk, Kallakurichi 1/4

District.

For Petitioner : Mr.A.Ilayaperumal For Respondents : Mr.C.Shankar for R1 and R2

ORDER

This Petition has been filed seeking to direct the first respondent to consider and pass orders on the petitioner's objection dated 07.11.2022 and 02.12.2022 in respect of Registration of Shiek Hussain Pet Jamia Masjid (Jamiya Masjid), Shaikh Hussain Pet Village, Pali Panchayat, Ulundurpet Taluk, Kallakurichi District.

2. It is the contention of the petitioner that the petitioner had given an objection on 07.11.2022, as against the application made by the third respondent, to register them as a seperate Board, as if the Muthavalliship of the Jamia Masjid Wakf is hereditary in nature. Further, the petitioner had given an application for registration of the said Jamia Masjid Wakf to the respondents 1 and 2, which is also pending without consideration. Hence, seeks, directions to consider the objection dated 07.11.2022 and the petitioner's application dated 02.12.2022.

3. Heard both sides and perused the materials placed on record. 2/4

4. Considering the facts and circumstances of this case, this Court without going into the merits of this case, directs the first respondent to consider the consider the petitioner's objection dated 07.11.2022 as well as the application dated 02.12.2022 and pass appropriate Order(s) on merits and in accordance with law, after hearing the petitioner as well as the third respondent, within period of four months from the date of receipt of a copy of this Order.

5. In view of the above directions, this writ petition stands disposed of. No costs.

02.02.2023 dhk Index : Yes / No 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 3/4

N.SATHISH KUMAR, J.

dhk 02.02.2023 4/4