Mr.Syed Ibrahim v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-08-2015
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24028 of 2015 1 Mr.Syed Ibrahim S/o.Syed Yacoob Sahib 55 Taikkapatti Street Srivilliputhur, Virudhunagar Petitioner Vs 1 The Tamil Nadu Wakf Board Rep by Chief Executive Officer No.1 Jaffer Syrang St Vallal Seethakathi Nagar Chennai- 1 2 Syed Jaffer Ali 1/101 Pattamputhur Village Virudhunagar Tk & Dt 3 M.Saravanan No.5/29/19 Pazhayampatti E.B.Colony Aruppukottai Tk, Virdhunagar Dt 4 V.Muthaiah Pandian 5/32/11 Karuppaiah St, Aruppukottai Virudhunagar Dt 5 The Sub Registrar 6 The Sub Registrar Virudhunagar, Virudhunagar District 7 The District Registrar 58/1 Kutchery Road, Virudhunagar 8 Arumugham 67/2 Chinna Athikulam, Srivilliputhur Virudhunagar
9 Shanmugham 25 Amabalam Karuthaiah St, Aruppukottai Tk & Town Virudhunagar Dt 10 Syed Mohideen 6/84 Taikkapatti St Pottal Road 11 Syed Ismail 55/48 Taikkapatti Street Respondents Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to initiate action under Sec.52 52A and 54 of the Wakf Act 1995 to retrieve the wakf properties as sought by the petitioner vide representation dt 18.03.2015 For petitioner :
Mr. N.A. Nissar Ahmed For respondent :
Mr. V. Lakshmi Narayanan for R1 Mr. S.V. Duraisolaimalai, AGP for RR5 to 7
ORDER
By consent, the main writ petition is taken up for final hearing. 2.
The petitioner would state that the property comprised in Survey No.828, T.S.No.828/1, 3 Municipal Ward 8 and Town Survey Ward 3, Taikkapatti Street, Srivilliputhur measuring acre 1.50 cents belongs to Syed Amanusha Fakir Dargah bearing G.S.No.220/VRD wakf and it is also registered and notified under the supervisory control of the Wakf Board. The petitioner would state that he is a haqdar and as such he is a person interested in the welfare and good administration of the wakf. It is stated by the petitioner that Syed Mohammed Shah who was Mutawalli died issueless and the second respondent falsely stating to be his son entered into an agreement of sale with third parties and similarly one Syed Mohideen and Syed Ismail had also executed sale deeds in respect of the properties belonging to the Wakf Board in favour of the third parties.
The petitioner in this regard submitted a representation dated 17-03-2015 as well as 18-03-2015 to the concerned authorities not to register any properties pertaining to the said Wakf and the same is pending consideration. Hence the petitioner has come forward with this writ petition.
3.
Heard the submissions of Mr. Nissar Ahmed, learned counsel for the petitioner, Mr. V. Lakshmi Narayanan, learned counsel for the first respondent and Mr. S.V. Durai Solaimalai, learned Additional Government Pleader for the respondent Nos.5 to 7. 4.
Though the petitioner prayed for a larger relief, this Court without going into the merits of the case projected in this writ petition directs the first respondent to consider and dispose of the representation dated 18-03-2015, after putting up notice to the respondent Nos.*2, 3 and 4, 8 to 11 and pass orders thereon, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the above said persons. 5.
The writ petition is disposed of accordingly. No costs. The connected M.P.No.1 of 2015 is also closed. Sd/- Assistant Registrar Dated : 03.09.2015 *Corrected as per order of this court dated 27.10.2015 Sd/- Assistant Registrar (CS-II) Dated : 02.11.2015 True Copy Sub-Assistant Registrar glp To 1 The Sub Registrar To be substituted to the order already NO.23, Thiruvengada Awaikkal Street, despatched on OPP.Benington Library, Srivilliputhur 25.09.2015 2 The Sub Registrar Virudhunagar, Virudhunagar District 3 The District Registrar 58/1 Kutchery Road, Virudhunagar
4. The Chief Executive Officer, The TamilNadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1
+1 cc to Mr.NA.Nissar Ahmed, Advocate sr.58264 +1 cc to Government Pleader High Court Madras sr.40952/15 W.P.No.24028 of 2015 aa04/09/2015 PSI 02.11.2015