S.Abubacker v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.15998 of 2015 S.Abubacker ... Petitioner

Versus

The Chairman Tamil Nadu Wakf Board No.1 Jafer Syrang Street Vallal Seethakathi Nagar Chennai-600 001.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to hear and dispose of Application No.6 of 2014 as expeditiously as possible or within time frame fixed by this Honourable Court after affording personal hearing.

For Petitioner : Mr.S.Balasubramaniam For Respondent : Mr.V.Lakshminarayanan

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would state that the he along with one P.M.Nazhir Shar and U.Mohamed Kader Batcha were appointed as committee members by the Wakf Board by order dated 23.08.1998 for a period of three years and subsequently, along with S.G.Mohammed Jaffer and M.K.Shajahan, the petitioner was appointed as committee member by order dated 13.05.2002 for a period of three years and the administration of the mosque was done till it was brought under the direct control of the respondent in the year 2010. Thereafter, there was an interse dispute alleging that the properties of the mosque have been disposed of without obtaining proper permission. The petitioner in this regard, has submitted a representation dated 04.06.2014 under Section 69 of the Wakf Act, praying for formulation of a scheme for the administration of the Wakf and though, it has also been numbered as Wakf Application No.6 of 2014, no orders came to be passed and hence, came forward to file this writ petition.

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3. Heard the submissions of Mr.S.Balasubramanian, learned counsel appearing for the petitioner and Mr.V.Lakshminarayanan, learned Standing Counsel, who accepts notice for the respondent.

4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the respondent to consider Application No.6 of 2014 dated 04.06.2014, filed by the petitioner, on merits and in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned.

5. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ars To The Chairman Tamil Nadu Wakf Board No.1 Jafer Syrang Street Vallal Seethakathi Nagar Chennai-600 001.

+1cc to Mr..S.Balasubramaniam, Advocate, S.R.No.27232 W.P.No.15998 of 2015 VSN(CO) CA(18/06/2015) https://hcservices.ecourts.gov.in/hcservices/