I.S.Imtiyaz Shariff, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY I.S.Imtiyaz Shariff : Petitioner versus 1.The Principal Secretary, Department of backward Classes & Minority Welfare, Fort St.George, Chennai 600009 2.The Tamil Nadu Wakf Board, rep. By its Chairman, Vallal Seethkathi Nagar, Chennai 600001.

3.The Tamil Nadu Wakf Board, rep. By its Chief Executive Officer, Vallal Seethkathi Nagar, Chennai 600001.

4.JB Jiffry Kasim M.H.

No.10, K.B.Dasan Road, Alwarpet, Chennai 600018 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing respondents 1 and 2 from proceeding with the tender notification dated 06.02.2019 issued by the third respondent under proceeding RC No.4592/07/B9/chennai for leasing out the Bachawali Mosque Wakf situated at 13/6, Papanasam Sivan Salai, Mylapore, comprised in S.No.2390 with an extent of 13,500 sq.ft. based on the

representation dated 16.02.2019 given by the petitioner. For the Petitioner :

Mr.C.D.Sugumar For Respondent No.1 :

Mrs.R.Anitha, Spl.G.P.

For Respondents 2&3 :

Mr.Haja Moideen Gisthi For Respondent No.4 :

Mr.Syed Aejaz

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.D.Sugumar, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for the first respondent, Mr.Hana Moideen Gisthi, learned counsel for respondents 2 and 3 and Mr.Syed Aejaz, learned counsel for the fourth respondent.

2. The petitioner challenges the tender notification issued by respondents 1 and 2 for leasing out the properties belonging to the writ mosque. The tender is of the year 2019.

3. In case an illegal lease is made, then the aggrieved party has a remedy before the Wakf Tribunal. It is open for the aggrieved party to approach the said Tribunal, as may be permissible under law.

4. In that event, all contentions of the respective parties are kept open.

5. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, WMP No.11460 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 10.11.2023 Index : Yes/No : Yes/No tar To 1.The Principal Secretary, Department of backward Classes & Minority Welfare, Fort St.George, Chennai 600009 2.The Chairman, Tamil Nadu Wakf Board, Vallal Seethkathi Nagar, Chennai 600001.

3.The Chief Executive Officer, Tamil Nadu Wakf Board, Vallal Seethkathi Nagar, Chennai 600001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.11.2023