M.Riyazkhan v. The Tamilnadu Waqf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M.RIYAZKHAN ... Petitioner Vs 1.

THE TAMILNADU WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, NO. 1, JAFFERSYRANG STREET, VALLAL SEETHAKATHI NAGAR, MANNADY, CHENNAI - 600 001.

2.

THE WAQF SUPERINTENDENT, VELLORE & TIRUVANNAMALAI ZONE, HAVING OFFICE AT BAHADHUR SHA PALLIVASAL COMPLEX, SAINATHAPURAM, ARANI ROAD, VELLORE.

3.

NAWAB CHANDAMIYA MASJID & MIR MOMEEN MADATH TOMB WAQF, REP. BY ITS MUTHAVALLI, NO 77/B, MATHALANKUAM STREET, TIRUVANNAMALAI.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to take necessary action on the representation of the petitioner dated 19.12.2024, thereby direct the respondent to take action against the present Muthavalli of Nawab Chandamiyan Masjid & Mir Momeen Madath Tomb Waqf. 1/5

For Petitioner : Mr.B.Jawahar For R1 & R2 : Mr.Haja Mohideen Gisti

ORDER

This writ petition has been filed to direct the respondents 1 and 2 to take necessary action on the representation of the petitioner dated 19.12.2024, thereby direct the respondents to take action against the present Muthavalli of Nawab Chandamiyan Masjid & Mir Momeen Madath Tomb Waqf.

2. In view of the prayer that is made and order that is passed, this writ petition is disposed of at the admission stage without notice to the third respondent or any of the parties mentioned in the petitioner's representation.

3. This Court, at the outset, does not express any opinion on the merits or otherwise of the petitioner's allegation or the rights of the persons mentioned in the representation and their defenses. Everything is kept open to be agitated before the first respondent and the first respondent shall decide the same in accordance with law.

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4. Suffice it to state that when the petitioner approaches the Court, stating that it has made a complaint on 19.12.2024, making certain allegations against the Muthavalli and others who are the administrators of the Waqf, it is the duty of the first respondent to consider the same in accordance with law.

5. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent shall take up the representation of the petitioner dated 19.12.2024 for enquiry. The first respondent shall issue notice to the petitioner, third respondent and any such party who may be affected by the enquiry. After hearing all parties, the first respondent may take a decision in accordance with law.

(ii) The said exercise shall be carried out within a period of three months from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order. (iii) No costs.

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To 1.

THE CHIEF EXECUTIVE OFFICER, THE TAMILNADU WAQF BOARD, NO. 1, JAFFERSYRANG STREET, VALLAL SEETHAKATHI NAGAR, MANNADY, CHENNAI - 600 001.

2.

THE WAQF SUPERINTENDENT, VELLORE & TIRUVANNAMALAI ZONE, HAVING OFFICE AT BAHADHUR SHA PALLIVASAL COMPLEX, SAINATHAPURAM, ARANI ROAD, VELLORE.

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D.BHARATHA CHAKRAVARTHY, J.

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