Z.Anver Basha v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11416 of 2019 Z.Anver Basha
...Petitioner
Vs.
1.Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai-600 028.
2.The Tamil Nadu Waqf Board Rep. by its Chief Executive Officer No.1, Jaffer Syrang Street, Mannady, Chennai-600 001.
3.The District Registrar District Registrar Office Katcheri Road, Kallakurichi.
4.Kallakurichi Jumma Masjid Rep. by its Executive Officer Jumma Masjid Kallakurichi.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to conduct enquiry on the complaint made by the petitioner dated 19.03.2019 following procedure laid down in Circular in Letter No.41530/U1/2017 dated 08.11.2017 issued by the 1st respondent.
For Petitioner : Mr.A.Ajimath Begam For Respondents: Mr.P.P.Purushothaman Government Advocate for R1 & R3 Mr.V.Lakshminarayanan for R2 & R4
O R D E R
Mr.P.P.Purushothaman, learned Government Advocate takes notice for the respondents 1 & 3. Mr.V.Lakshminarayanan, learned counsel takes notice for the respondents 2 & 4. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus directing the third respondent to conduct enquiry on the complaint made by him on 19.03.2019, wherein and whereby, he complained that certain alienations were made in respect of the fourth respondent-Waqf's property without obtaining consent from the second respondentBoard. Therefore, the petitioner sought for conducting an enquiry with regard to such alienation.
3. Ventilating such grievance, the petitioner has made a representation before the third respondent on 19.03.2019. It is stated that the third respondent has not conducted any enquiry so far.
4. The learned counsel for the respondents 2 & 4 submitted that the third respondent may be directed to conduct enquiry and thereafter, to pass an order on merits and in accordance with law, after hearing all the parties concerned. Thus, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of, only by directing the third respondent to conduct enquiry and pass orders on the complaint made by the petitioner on merits and in accordance with law, after giving due opportunity of hearing to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar mk To 1.Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai-600 028.
2.The Tamil Nadu Waqf Board Rep. by its Chief Executive Officer No.1, Jaffer Syrang Street, Mannady, Chennai-600 001.
3.The District Registrar District Registrar Office Katcheri Road, Kallakurichi.
4.Kallakurichi Jumma Masjid Rep. by its Executive Officer Jumma Masjid Kallakurichi.
+1cc to Mr.V.Raghavachari, Advocate, S.R.No. 36903 +1cc to Mr.A.Ajmath Begam, Advocate, S.R.No. 36791 +1cc to the Government Pleader, S.R.No. 38210 W.P.No.11416 of 2019 RSI(CO) GN(20/05/2019)