S.Syed Sulaiman v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.07.2015 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.19283 of 2015 S.Syed Sulaiman ... Petitioner -Vs1. The Tamil Nadu wakf Board, rep. By its Chief Executive Officer, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, Mannady, Chennai - 600 001.

2. Mecca Masjid & Madarasa Wakf rep. By its President, Vellakkal, Medvakkam, Tambaram taluk, Chennai - 600 100.

3. R.Syed Jan, Mecca Masjid & Madarasa Wakf, Vellakkal, Medvakkam, Tambaram taluk, Chennai - 600 100.

..Respondents Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the 1st respondents to consider the respresentation dated 16.06.2015 submitted by the petitioner and to conduct enquiry against the 3rd respondent and thereby select a committee to the 2nd respondent Wakf.

For Petitioner : Mr.A.Ajimath Begam For Respondents : Mr.V.Lakshminarayanan No.1

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner claims that he is a permanent resident of Vellakkal Village and a pious muslim and he regularly offers his prayer in Mecca Masjid Wakf, Vellakkal and as such, he is interested in the administration and welfare of the Wakf. The petitioner would https://hcservices.ecourts.gov.in/hcservices/

further submit that the Mecca Masjid wakf is a Wakf by User and it is registered with the first respondent with registration No.198/KPM/cgt. It is the claim of the petitioner that the President of Wakf who is arrayed as the 3rd respondent, is mismanaging the administration and affairs of the Wakf and six shops in the masjid premises were constructed without getting permission from the first respondent and after completion of construction, two shops were given to the son-in-law of the President of the committee. The petitioner, in this regard, has also submitted a representation dated 16.06.2015 to the first respondent. Since no action has been taken, he came forward with this writ petition.

3. Heard the learned counsel for the petitioner and Mr.V.Lakshminarayanan learned counsel who accepts notice on behalf of the first 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 case, directs the first respondent to consider the petitioner's representation dated 16.06.2015, after putting on notice to respondents 2 and 3, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as respondents 2 and 3.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar vsi To

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, Mannady, Chennai - 600 001.

2. The President, Mecca Masjid & Madarasa Wakf Vellakkal, Medvakkam, Tambaram Taluk, Chennai - 600 100.

1 cc to Mr.A.Ajimath Begam, Advocate Sr.No.33024 W.P.No.19283 of 2015 vd(co)pmk.14.7.2015 https://hcservices.ecourts.gov.in/hcservices/