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Madras High CourtWP/21319/2018disposed of

Jaithunbee, v. The Chief Executive Officer,

2018-08-31Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.21319 of 2018 Jaithunbee .. Petitioner Vs 1.The Chief Executive Officer, Tamilnadu Wakf Board, Chennai -1.

2.The Superintendent of Wakfs, Villupuram & Cuddalore District, No.512, Gandhi Street, Panruti, Villupuram District.

3.The Inspector of Wakfs, Villupuram & Cuddalore District, No.512, Gandhi Street, Panruti, Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents particularly the first respondent to consider the petitioner's representation dated 16.02.2017 as per Section 36 of Wakf Act Amendment Act 2013.

For Petitioner : Mr.G.Mohammed Aseef For Respondents: Mr.Lakshmi Narayanan Standing counsel

ORDER

The petitioner has come up with the present writ petition seeking for a direction to the first respondent to consider her representation dated 16.02.2017 as per Section 36 of Wakf Act 2013.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner she is a hereditary muthawalli of Periakanchikulam Wakf, Krishnapuram Village, Gingee Taluk and she submitted a representation to the first respondent for registration of the said Wakf under Section 36 of the Wakf Act. As the same has not been considered, the petitioner is before this Court.

4. The learned Standing Counsel appearing for the respondents fairly submitted that the petitioner's representation would be considered on merits and in accordance with law as per Section 36 of the Wakf Act.

5. In the light of the matter and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to dispose of the representation of the petitioner dated 16.02.2017, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as other interested parties if any, within a period of six weeks, from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ms To 1.The Chief Executive Officer, Tamilnadu Wakf Board, Chennai -1.

2.The Superintendent of Wakfs, Villupuram & Cuddalore District, No.512, Gandhi Street, Panruti, Villupuram District.

3.The Inspector of Wakfs, Villupuram & Cuddalore District, No.512, Gandhi Street, Panruti, Villupuram District.

+ 1 cc to Mr. G. Mohammed Aseef, Advocate Sr.60764 W.P.No.21319 of 2018 (CS-IX) EU(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/