R.Syed Inayathulla v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2022 CORAM :

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No.12054 of 2022 R.Syed Inayathulla ..Petitioner Vs

1. The Chairman Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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

3.Syed Tahira Begum 4.Shahida Begum 5.Nasimunnissa 6.Amirunnissa 7.Syed Usman 8.Syed Rahamathulla ..Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to remove the seventh and eighth respondents from the post of Muthavalli and Joint Muthavalli for the Hazarath Syed Sha Meeran Wali Hussaini Qadri Dargah Masjid and Burial Ground Wakf by considering the petitioner's representation dated 28.03.2022.

For Petitioner :

Mr.A.Ilayaperumal For R1 and R2 :

Mr.Haja Mohideen Gisti

ORDER

Seeking to issue a writ of mandamus directing the second respondent to remove the respondents 7 and 8 from the respective posts of Muthavalli and Joint Muthavalli for the Hazarath Syed Sha Meeran Wali Hussaini Qadri Dargah Masjid and Burial Ground Wakf by considering the petitioner's representation dated 28.03.2022, the present writ petition came to be filed.

2. The case projected by the petitioner herein is that Hazarath Syed Sha Meeran Wali Hussaini Qadri Dargah Masjid and Burial Ground Wakf is a nofied Wakf vide G.S.No.682/NA and is under the control of the Tamil Nadu Wakf Board. It owns the property in S.Nos.858A, 858B, 871/A, 871/B, 860/1 measuring to an extent of 114 acres in Panchapandavarmalai, Arcot Taluk, Ranipet District. Originally, the petitioner's ancestor viz., Syed Sha Meeran Vali (Khadri) was a Muthavalli for the subject Wakf. According to the petitioner, as per the Wakf Proforma Column No.

9 and Genealogy, he is entitled to become the hereditary Muthavalli for the subject Wakf, as his father's brother's children have already died and his sisters have no objections for the same and hence, he approached the respondent authorities for several occassions and requested them to appoint him as Muthavalli for the subject wakf, however the said request was not considered till date. While so, the respondents 7 and 8 have been appointed as Muthavalli and Joint Muthavalli respectively, of the subject wakf by the respondents 3 to 6, who are not the direct legal descendants, through their general power of attorney jointly executed by them.

Stating that there cannot be any administration by the strangers to the Wakf, since the post of Muthavalli is hereditary in custom and hence, such appointment of the respondents 7 and 8 is illegal and improper, the petitioner submitted a representation dated 28.03.2022 to the respondents 1 and 2 requesting to remove the respondents 7 and 8 from the respective posts of Muthavalli and Joint Muthavalli. However, the said representation has not been considered till date. Therefore, this writ petition.

3. Heard the learned counsel for the petitioner and the learned counsel taking notice for the first and second respondents.

4. Considering the limited nature of the relief sought herein, this court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 28.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to all the parties concerned. Such an exercise shall be completed within a period of six (6) weeks

from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- VACATION OFFICER //True Copy// Sub Assistant Registrar hvk/dm To

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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

+1cc to Mr.A.Ilayaperumal, Advocate, S.R.No.31210 W.P.No.12054 of 2022 JPL(CO) CT 18/05/2022