Y.Syed Yousuf v. The Tamil Nadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Y.Syed Yousuf ... Petitioner Vs.
1.The Tamil Nadu Waqf Board Rep.by its Chairman No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600 001.
2.The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600 001.
3.Superintendent of Waqf Tamil Nadu Waqf Board Vellore.
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4.Inspector of Waqf Tamil Nadu Waqf Board Thiruvannamalai.
5.A.R.Nazar Hussain Mutawalli Nawab Santhamiyaan Masjid & Meer Momin Madhath Tomb Waqf No.77/B, Mathalagula Street Tiruvannamalai 606 601.
6.K.Akbar Basha Secretary Nawab Santhamiyaan Masjid & Meer Momin Madhath Tomb Waqf No.77/B, Mathalagula Street Tiruvannamalai 606 601.
7.A.R.Mowlaana Treasurer Nawab Santhamiyaan Masjid & Meer Momin Madhath Tomb Waqf No.77/B, Mathalagula Street Tiruvannamalai 606 601.
....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to take proper action against the 5 to 7 respondents by considering the representation dated 24.10.2024 within a time frame which may be stipulated by this Court. 2/8
For Petitioner : Mr.A.Raja Mohamed For Respondents : Mr.Haja Mohideen Gisti for R1 to R4 Mr.Y.Kajanivas for R5
ORDER
This Writ Petition is filed to take proper action against the respondents 5 to 7 by considering the representation dated 24.10.2024 within the time frame that may be stipulated by this Court.
2. Upon hearing the learned counsel for the petitioner and Mr.Haja Mohideen Gisti, learned counsel appearing on behalf of the respondents 1 to 4 and Mr.Y.Kajanivas, learned counsel appearing on behalf of the fifth respondent and perusing the affidavit filed in support of the Writ Petition and the other connected material records, the grievance of the petitioner seems to be that the President of the elected body without consulting the other members have wrongfully granted lease. As against the very same Wakf, when earlier allegations were made, this Court considered 3/8
the issue in WP.No.6105 of 2025 and by order dated 21.02.2025 directed the Wakf Board to take up the representation of that petitioner for enquiry and issue notice and consider the allegations that are mentioned in the representation. The paragraph No.5 of the said order is extracted hereunder is for ready reference;
"5. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The firsts respondent shall take up the representation of the petitioner dated 19.12.2024 for enquiry. The first respondent shall issue notice to the petitioner, third respondent and any such party who may be affected by the enquiry. After hearing all parties, the first respondent may take a decision in accordance with law.
(ii) The said exercise shall be carried out within a period of three months from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order.
(iii) No costs."
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3. In view thereof, this Writ Petition is disposed of on the following terms;
(i) The petitioner's representation can also be taken up for enquiry along with the other representation and all the parties concerned can be heard and the final orders be passed; (ii) Regarding the allegation made by the learned counsel for the fifth respondent that the petitioner or his relative are in encroachment, it will be open for the fifth respondent to make a complaint to the first respondent, the same shall also be considered in the manner known to law.
(iii) No costs.
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To 1.The Chairman No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600 001.
2.The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600 001.
3.The Superintendent of Waqf Tamil Nadu Waqf Board Vellore.
4.The Inspector of Waqf Tamil Nadu Waqf Board Thiruvannamalai.
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D.BHARATHA CHAKRAVARTHY , J.
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