A.Kaja Khan v. Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A. Kaja Khan

...Petitioner

Vs

1. Tamil Nadu Waqf Board represented by its Chairman

2. The Chief Executive Officer

3. The Superintendent of Wakf Coimbatore Zone, Office at Hyder Ali Tippu Sultan Mosque & Kabarastan, Mettupalayam Road, Coimbatore - 641 001.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6

India to issue a Writ of Mandamus directing the first respondent to conduct enquiry on the petitioner's representation dated 26.11.2022 and followed by his reminder dated 28.07.2023 and pass orders thereon for registration of certain additional properties gifted to the petitioner's wakf and carry out necessary amendment to the register of list of properties within a time frame and pass orders.

For Petitioner : Mr. R. Veeramani For Respondents : Mr. Haja Mohideen Gisthi Standing counsel

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to consider the petitioner's representation dated 26.11.2022 and reminder dated 28.07.2023 and pass orders.

2. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal. 2/6

3. The case of the petitioner is that the petitioner is a erstwhile secretary of "Al Masjudul Madinah Dhakni Ahalus Sunnath Val Jammath which is situated at No.40 , Main Road, Pothanur. While so the petitioner has donated some properties to the the petitioner's wakf and the same was not reflected in the register maintained by the first respondent. The grievance of the petitioner is that the petitioner was instructed to state section 36 of the Waqf Act for registration of properties with necessary details. Hence, the petitioner made a representation to the second respondent herein on 26.11.2022. However, till date no orders was passed in the petitioner's representation. Hence this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 26.11.2022 and pass orders.

5. The learned standing counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

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6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 26.11.2022 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

26.04.2024 Index:Yes/No Speaking order/Non-speaking order smn To

1. Tamil Nadu Waqf Board represented by its Chairman 4/6

2. The Chief Executive Officer

3. The Superintendent of Wakf Coimbatore Zone, Office at Hyder Ali Tippu Sultan Mosque & Kabarastan, Mettupalayam Road, Coimbatore - 641 001.

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V.BHAVANI SUBBAROYAN,J.

smn 26.04.2024 6/6