S.Thameem @ Mohamed Thameem Ansari v. Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No. 12081 of 2019 S. Thameem @ Mohamed Thameem Ansari
...Petitioner
Versus
1. Government of Puducherry Rep by its Secretary - WAQF Puducherry No.1 and 3, Third Floor, Yanam Venkatachalam Pillai Street, Puducherry - 605 001
2. Government of Puducherry Rep by its Chief Executive Officer-WAQF Puducherry No.1 and 3, Third Floor, Yanam Venkatachalam Pillai Street, Puducherry - 605 001
3. Abdul Lathif Maracair (R3 impleaded vide order dated 16.12.2020 made in WMP.18780/2020 in WP.12081 /2019)
...Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to appoint Mutawalli, for Mohideen Abdul Kadhir Jeelani Jami Masjid at T.R.Pattinam by exercising powers under Sec.66 of the Wakf Act, 1995.
For Petitioner :
M/s.TVJ Associates for Mr.J.Srinivasa Mohan For R1 & R2 :
Mr.D. Ravichander, AGP (P) For R3 :
Mr.N.A.Nissar Ahmed
O R D E R
The prayer made in this writ petition is to issue a Writ of Mandamus directing the respondents to appoint Mutawali, for
Mohideen Abdul Kadhir Jeelani Jami Masjid at T.R.Pattinam by exercising powers under Sec.66 of the Wakf Act, 1995.
2. According to the petitioner, he is a resident of T.R. Pattinam and with a benign interest, he had sought for appointment of Muthavalli for Mohideen Abdul Kadhir Jeelani Jami Masjid at T.R.Pattinam inasmuch as the tenure of the existing Muthavallis expired long back. As per the Wakf Act, Muthavallis are to be appointed by the Wakf Board and as of now, the Board is not functional. As per Section 66 of the Wakf Act, Central Government (Union territory in this case) has the power to appoint muthavallis in the absence of Board and in light of the same, he had made a representation to the respondents to exercise the power under Section 66 of the Wakf Act in appointment of muthavallis. However, it is stated that the respondents expressed their unwillingness to appoint Muthavalli in the absence of a court order. In such circumstances, the petitioner has come up with this writ petition for the relief stated above.
3. Today when the matter is taken up for consideration, a Joint Memo of Compromise has been filed before this Court, signed by the petitioner and the second respondent and also by their respective counsel. It is taken on record. The relevant portion of the said Memo of Compromise read as follows: "(2) It is hereby amicably agreed between petitioner and second respondent to request the first respondent Secretary to Government (Wakf) to appoint T.Mohamed Jahir Husain, S/o. Mohamed Tajudeen, aged 51 years, residing at No.3, 2nd Cross, Hussain Nagar, kamaraj Salai Extension, Karaikal - 609 602 as Member of the Wakf Board in the Union Territory of Puducherry under Mutawalli category."
4. Recording the Joint Memo of Compromise entered into between the parties dated 07.07.2021, the present writ petition is disposed of. The Memo of Compromise dated 07.07.2021 shall form part of this order. No costs.
(*Joint Memo compromise enclosed) Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
av/rsh To
1. The Secretary - WAQF Puducherry Government of Puducherry No.1 and 3, Third Floor, Yanam Venkatachalam Pillai Street, Puducherry - 605 001
2. The Chief Executive Officer-WAQF Puducherry, Government of Puducherry No.1 and 3, Third Floor, Yanam Venkatachalam Pillai Street, Puducherry - 605 001 +1 cc to M/s.N.A.Nissar Ahmed,Advocate Sr.No. 49324 +1 cc to Mr.J.Srinivasa Mohan,Advocate Sr.No.49196 +1 cc to the Government Pleader, Sr.No.49865 WP No. 12081 of 2019 NMI[co] NSK 25/10/2021