Syed Nawaz v. The Chair Person Cum Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.15441 of 2025 1.Syed Nawaz 2.Syed Azhar

...Petitioners

Vs.

1.The Chair Person cum Chief Executive Officer Tamil Nadu Wakf Board No.1, Jabar Sirang Street Vallal Seethakkathi Nagar Chennai 600 001.

2.The Superintendent Tamil Nadu Wakf Board Salem Region Salem.

3.Mr.Al.Haji K.Syed Athaullah

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to consider the petitioners' representation dated 15.10.2024, and pass orders pursuant to the letter in Na.Ka.No.2428/11/A2/K.Kiri dated 06.12.2024, issued by first respondent seeking for appointment of Mutawalli to any one among us except the third respondent or his heirs in respect of properties/lands comprised in Survey Nos.150, 151, 152, 232, 237, 723, 755, 756, 689, 690/2 & 693 total measuring an extent of 22 acres 50 cents Thenkanikottai, Hosur Taluk, Krishnagiri, consequently directing the respondents 1 & 2 to issue a restraint order against the third respondent, from acting as Muthavalli and from alienating the properties comprised in Survey Nos.755, 756, 689, 690/2 and 693 total measuring an extent of 7 acres, in Thenkanikottai, Hosur, Krishnagiri District, either by mortgage, Sale Agreement or in any other manner.

For Petitioners : Mr.B.Manimaran For Respondents : Mr.Abdul Mobeen for R1 & R2 Mr.Aajimath Begam for R3 2/5

ORDER

This Writ Petition is filed with the prayer directing the respondents 1 & 2 to consider the petitioners' representation dated 15.10.2024.

2. Upon hearing the learned counsel for the petitioners and perusing the said representation, it can be seen that the petitioners have made a complaint with reference to the third respondent functioning as the Mutavalli of the wakfs.

3. The learned counsel appearing on behalf the third respondent would submit that already hearing notice dated 11.11.2024 was issued in respect of the complaint that is made and both parties have already appeared.

4. In view thereof, this Writ Petition is disposed of on the following terms;

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(i) Let the first respondent complete the said enquiry taken up vide Na.Ka.No.2428-11M2-fpfpup and noticed dated 11.11.2024 and pass orders thereon in accordance with law, within a period of 12 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. (ii) No costs. Consequently, connected Miscellaneous Petition is closed.

17.04.2025 (1/2) : No dna To 1.The Chair Person cum Chief Executive Officer Tamil Nadu Wakf Board No.1, Jabar Sirang Street Vallal Seethakkathi Nagar Chennai 600 001.

2.The Superintendent Tamil Nadu Wakf Board Salem Region Salem.

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D.BHARATHA CHAKRAVARTHY , J.

dna and W.M.P.No.15441 of 2025 (1/2) 17.04.2025 5/5