Sadiya v. The Tamil Nadu Waqf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.NO.5502 OF 2020 Sadiya ... Petitioner .vs.

1.

The Tamilnadu Waqf Board, rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Street, Chennai 600 001.

2.

The Ameerun-Nisa Begum Sahiba's Endowments, rep. by its President, New No.165, Old No.76, Bharathi Salai, Triplicane, Chennai 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to hear, decide and pass orders on the representation dated 20.01.2020 made by the Petitioner.

For Petitioner :

Mr.G.Rajkumar For 1st Respondent :

Mr.Haja Mohideen Gisthi For 2nd Respondent :

Mr.N.A.Nissar Ahmed

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the Respondents to consider and pass orders on her representation dated 20.01.2020.

2.

According to the Petitioner, the 2nd Respondent herein had executed a Lease Deed in favour of Dr.K.R.Rukmani Bai and that, the lease is expiring in February 2020. It is her case that, upon expiry of the lease period, a fresh lease will have to be entered into as per the Wakf Act, 1995. In this regard, the Petitioner made a representation to the Respondents on https://hcservices.ecourts.gov.in/hcservices/

20.01.2020 drawing their attention to Section 56 of the Wakf Act, 1995. As no action is taken by the Respondents on her representation, having no other alternative, the Petitioner has come up with this Writ Petition.

3.

Learned counsel for the Petitioner submitted that, without going into the merits of the case, it would suffice, if this Court issues a direction to the Respondents to consider the Petitioner's representation dated 20.01.2020 and pass appropriate orders.

4.

Learned counsel appearing for the 2nd Respondent has no serious objection to the relief sought for by the Petitioner. 5.

Taking note of the submissions of the learned counsel on either side and considering the limited relief sought for by the Petitioner, this Court directs the Respondents to consider the Petitioner's representation dated 20.01.2020, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar skt/aeb To:

The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Street, Chennai 600 001.

+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.58321 W.P.No.5502 of 2020 PCH(CO) PM/01/12/2021 https://hcservices.ecourts.gov.in/hcservices/