K.Mohammed Ali v. The Tamil Nadu Waqf Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Mohammed Ali
...Petitioner
Vs.
The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadi Nagar, Mannady Chennai - 600 001
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to consider the representation dated 06.11.2020 and register the Ahle Sunnath Val Jamiya Mecca Masjid under Section 36 of the Waqf Act. For Petitioner : Mr.A.Ajimath Begam For Respondent : Mr.Haja Mohideen Gisthi 1/5
ORDER
This Writ Petition has been filed seeking to direct the respondent to consider the representation dated 06.11.2020 and to consequently register the Ahle Sunnath Val Jamiya Mecca Masjid under Section 36 of the Waqf Act.
2. It is the case of the petitioner that the Ahle Sunnath Val Jamiya Mecca Masjid situated in Sorathur Village, Gingee Taluk, Villupuram is in existence from time immemorial. The said masjid is managed by a committee which is selected by Jamath. Since the said masjid was not registered under the Waqf Act, the petitioner sent a representation on 06.11.2020 before the respondent. Since no action has been taken, the present writ petition has been filed.
3. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondent to consider the petitioner's representation dated 06.11.2020 and pass appropriate orders within the time 2/5
frame that may be fixed by this Court.
4. The learned counsel appearing for the respondent has no objection for the said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the respondent to consider the representation of the petitioner dated 06.11.2020 and pass appropriate orders on merits and in accordance with law and after affording an opportunity of hearing to the petitioner as well as the aggrieved persons if any within a period of eight (8) weeks from the date of receipt of a copy of this order.
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7. With the above observation and direction, this writ petition is disposed of. No costs.
06.09.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakadi Nagar, Mannady Chennai - 600 001 M.DHANDAPANI , J.
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