K.Mohammed Jamal v. Dr.Darez Ahamed,Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HON'BLE MR. JUSTICE V. BHAVANI SUBBAROYAN K.Mohammed Jamal ... Petitioner -vsDr. Darez Ahamed, IAS, The Principal Secretary/CEO, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

... Respondent Prayer:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to take cognizance of the offence committed by the respondent herein for violating the wilfully disobeying the orders of this Court passed in W.P. No. 2832 of 2024 on 08.02.2024 and punish the respondent in accordance with law.

For Petitioner :

Mr. K.N.Nataraaj For Respondent :

Mr. Abdul Mubeen 1/4

O R D E R

The petitioner has filed the Writ Petition in W.P. No. 2832 of 2024 seeking Writ of Mandamus to direct the respondents therein to consider and dispose of his representation dated 18.12.2023 in accordance with law. The said Writ Petition was disposed of by order dated 08.02.2024 passed by this Court with a direction directing the the 1st respondent therein to conduct enquiry and pass appropriate orders on the representation made by the petitioner, in accordance with law, within a period of six weeks from the date of receipt of a copy of that order and granting liberty to the petitioner to produce all the documents to show his title over the property before the 1st respondent.

2. According to the petitioner, he has made representation to the 1st respondent to grant 'No Objection Certificate' in order to enable him to effect registration. Since it was not considered, he has filed this Contempt Petition.

3. The learned counsel for the submits that enquiry notice in e/f/$p/v!;/vz;/ 135-t/M-nt-2024 dated 13.06.2024 was issued to the petitioner directing him to appear with all his documents before the Superintendent of Waqf, Vellore on 20.06.2024. They have also produced documents to show that they have sent the same by way of registered post and receipt of the same by the petitioner was 2/4

also proved through track consignment.

4. That being the case, it is proved that there is no willful disobedience on the part of the respondent as enquiry notice has been issued to the petitioner fixing enquiry on 20.06.2024. However, the learned counsel for the respondent submits that the enquiry by the Superintedent of Waqf, Vellore would be held on 28.06.2024 after issuing fresh notice to the petitioner and report would be placed before the Waqf Board in the first week of July and they would proceed further in accordance with law.

Recording the same, this Contempt Petition stands closed. 21.06.2024 Index: Yes/No NCC: Yes/No vjt To The Principal Secretary/CEO, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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V. BHAVANI SUBBAROYAN, J.

vjt 21.06.2024 4/4