S.A.Chan Basha Saheb v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.8819, 8820, 8821 & 8822 of 2025 1.S.A.Chan Basha Saheb 2.M.Velu ... Petitioners Vs.
1.The Tamil Nadu Wakf Borad, Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai - 01.
2.The Superintendent of Wakf, Vellore Division, Vellore.
3.The Inspector of Wakf, Vellore Division, Vellore.
4.Ahle Sunnath Jamath Mosque and Burial Ground, Ganje Shaheedan Dargah, Represented by its Treasurer, Mr.M.Madhara Sahib, No.85/91, Post office street, Sholinghur Taluk, Ranipet District.
5.Jayaraman ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in SI.No.28, Item No.146/24 bearing Na.Ka.No.6127/17/A7/V dated 14-10-2024 and the pursuant communication issued by the 1st respondent bearing Na.Ka.No.6127/17/A7/V dated 30-10-2024 and to quash the same and consequentially to forebear respondents from evicting the petitioners from Shop No.7, bearing old Door No.6B/7, New Door No.6/50/9, Walajah Road (opp to Bus stand), Muslim Complex, Sholinghur Town and Taluk, Ranipet District measuring an extent of 120 Sq.ft.
For Petitioner : Mr.Adithya Varadarajan For R1 to R3 : Mr.Abdul Mubeen For R5 : Mr.A.Ajimath Begum
O R D E R
This matter came up for consideration on an earlier occasion before this Court on 12.06.2025 and the matter was heard. This Court noticed that there is some procedural violation in issuing the impugned proceedings and therefore, adjourned the matter to enable the learned counsel appearing for the respondent Nos.1 to 3 to get instructions in this regard. 2.
Today, when the matter is taken up for consideration, Mr.Abdul
Mubeen, learned counsel appearing for the respondent Nos.1 to 3, considering the fact that there is procedural violation in issuing the impugned proceedings, on instructions, submitted that the 1st respondent is inclined to follow the procedure as required under law and take appropriate action afresh against the petitioners herein.
3.
In the light of the above, the impugned proceedings cannot be sustained and accordingly, they are hereby quashed and the writ petition is allowed directing the respondent Nos. 1 to 4 to forthwith unseal the concerned premises in question. It is made clear that it is open for the respondents to take appropriate action strictly in accordance with law. The petitioners are at liberty to defend their case before the 1st respondent. 4.
Accordingly, this writ petition is allowed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 13.06.2025 dpa Index : Yes / No Speaking order / Non-speaking order MUMMINENI SUDHEER KUMAR, J.
dpa
To 1.The Chief Executive Officer, Tamil Nadu Wakf Borad, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai - 01.
2.The Superintendent of Wakf, Vellore Division, Vellore.
3.The Inspector of Wakf, Vellore Division, Vellore.
4.Ahle Sunnath Jamath Mosque and Burial Ground, Ganje Shaheedan Dargah, Represented by its Treasurer, Mr.M.Madhara Sahib, No.85/91, Post office street, Sholinghur Taluk, Ranipet District.
13.06.2025