Mrs.Dilshad Begum v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.4545 OF 2020 AND WMP.NO.5387 OF 2020 Dilshad Begum .. Petitioner ..Vs..

1. The Tamil Nadu Wakf Board, Represented by its Chairman, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Superintendent of Wakf, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

4. The Revenue Divisional Office, South Chennai, Guindy, Chennai.

5. K.P.Ismath Basha

6. Balquees Begum

7. Fathima Beguma

8. Rasheeda Begum

9. Shameem

10. Naseema

11. Praveen Begum .. Respondents PRAYER :

Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent to take appropriate action on the petitioner's petition dated 21.05.2019 and subsequent petition 20.01.2020 by

conducting appropriate enquiry and take final decision on the same within the stipulated time as fixed by this Court. For Petitioner : Mr.A.Ilayaperumal For Respondents : Mrs.H.Yasmeen Ali (for R1 to R3) Mr.N.Inbanathan, (for R4) Additional Government Pleader

O R D E R

This writ petition has been filed seeking a Mandamus, directing the 4th respondent to take appropriate action on the petitioner's petition dated 21.05.2019 and subsequent petition dated 20.01.2020 by conducting appropriate enquiry and take a final decision on the same within a stipulated time.

2. W.P.Nos.16878 and 23743 of 2019 had been filed earlier by two writ petitioners namely the petitioner herein and another writ petitioner K.P.Ismath Basha. At that time, the Wakf Tribunal had heard the matters fully and reserved orders and it was stated that the orders would be pronounced on 234.12.2019.

3. In the present writ petition, as against the said order of the Wakf Tribunal, it is stated that the petitioner had filed an appeal before the 4th respondent namely the Revenue Divisional Officer, South Chennai, Guindy, Chennai. He had filed the said appeal on 20.01.2020. The grievance of the petitioner is that the 4th respondent had not proceeded with further hearing of the said appeal. Since the 4th respondent is in the process of hearing the appeal, it would be highly improper to this Court to examine the merits of the case.

4. Therefore, a mandamus is issued to the 4th respondent to proceed, to hear the appeal in manner known to law, if necessary, issue notice to relevant parties and thereafter pronounce orders on or before 15.04.2020.

5. With the above terms, this writ petition is disposed off. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vum

To

1. The Tamil Nadu Wakf Board, Represented by its Chairman, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Superintendent of Wakf, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

4. The Revenue Divisional Office, South Chennai, Guindy, Chennai.

+1cc to Mrs.H.Yasmeen Ali, Advocate, S.R.No.15464 +1cc to Mr.A.Ilayaperumal, Advocate, S.R.No.15510 +1cc to the Government Pleader, S.R.No.16201 W.P.No.4545 of 2020 and WMP No.5387 of 2020 NRL(CO) CS/10/03/2020