Seyath Savukar John v. The Principle Executive Officer

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Seyath Savukar John S/o.Sayed Sukkur, No.9, Kottai Mettu Street, Chetpat Taluk, Thiruvannamalai District.

Petitioner(s) Vs The Principle Executive Officer Tamil Nadu Waqf Board, No.1, Jaffar Srang Street, Vallal Seethakathi Street, Chennai-01.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant permission for making rental sits bearing S.No.13, 13/6B, 13/6C, 13/10 stands in the name of Syed Basha Madina Dargah Pallivasal adn Kabasthan situated at No.70

2/5 Chenji Salai Chetpet Thiruvannamalai district in pursuant to the proposal dated 14.03.2025 and further consequently fix the time frame to dispose of the proposal dated 14.03.2025.

For Petitioner(s):

Mr.P.Muthamizh Selvakumar For Respondent(s):

Mr.Avinash Wadhwani Standing Counsel

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondent to grant permission to the petitioner to lease the property belonging to the Pallivasal and Kabasthan pursuant to the proposal dated 14.03.2025.

2.Heard Mr.P.Muthamizh Selvakumar, learned counsel appearing on behalf of the petitioner and Mr.Avinash Wadhwani, learned Standing Counsel appearing on behalf of the respondent.

3.As per Rule 4 and 5 of the Waqf Properties Lease Rules, 2014, where the period of lease is less than one year, it can be entered into by the Muthawalli

3/5 or the Board after inviting applications from the persons desiring to take the property on lease. If it is proposed to give on lease for more than one year, the procedure under Rule 5 must be followed.

4.In view of the above, if the petitioner wants to enter into a lease for a period less than one year, it can be done in line with Rule 4. If the petitioner wants the lease to be granted beyond one year, the petitioner has to necessarily follow the procedure under Rule 5.

5.With the above clarification, this writ petition is disposed of. No Costs. 13-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The Principle Executive Officer Tamil Nadu Waqf Board, No.1, Jaffar Srang Street, Vallal Seethakathi Street, Chennai-01.

5/5 N.ANAND VENKATESH J.

ssr 13-06-2025