Madurai Farooq Ahamed v. The Tamilnadu Waqf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA Madurai Farooq Ahmed ..

Petitioner Vs.

1. The Tamil Nadu Waqf Board Rep. by its Chief Executive Officer No.1, Jaffar Syrang Street Seethakathi Nagar Chennai 600 001.

2. The Tamil Nadu Waqf Board Rep. by Vellore Zonal Superintendent No.8, Bhadur Shah Masjid Arni Road, Sayeenathapuram Vellore 632 001.

3. Hazrat Mastan Auliya Dargah Rep. by its Mutavali Periyapet Vaniyambadi 635 751 Tiruppathur District.

4. Anees Ahmed ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to consider the complaint dated 20.05.2022 filed by the petitioner and conduct a thorough inquiry against the mal practices and misfeasance carried by the fourth respondent in the third respondent waqf and consequently, take over Hazrat Mastan Auliya Dargah under direct management of Tamil Nadu Waqf Board till the appointment of new committee.

For the Petitioner : Mr.B.Ram Prasath For the Respondents : Mr.Haja Moideen Gisthi for Respondents 1 & 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the first respondent to consider the complaint of the petitioner dated 20.05.2022 and to conduct an enquiry about the malpractice carried out by the fourth respondent in regard to the wakf property and to take over Hazrat Mastan Auliya Dargah under the direct management of the Wakf Board.

2. According to the petitioner he had already filed a complaint dated 20.05.2022, before the first respondent.

3. The petitioner has given a complaint on 20.05.2022 to the first respondent and the same has not been considered till date. Therefore, this Court directs the first respondent to consider the complaint of the petitioner dated 20.05.2022, which complaint the first respondent is empowered to inquire into under Section 70 of the Waqf Act, 1995.

4. Accordingly, this Writ Petition stands disposed of. There will be no order as to costs.

(M.N.B., CJ.) (N.M., J.) 07.07.2022 Index : Yes/No kpl

To:

1. The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffar Syrang Street Seethakathi Nagar, Chennai 600 001.

2. The Tamil Nadu Waqf Board Rep. by Vellore Zonal Superintendent No.8, Bhadur Shah Masjid Arni Road, Sayeenathapuram Vellore 632 001.

M.N.BHANDARI, CJ AND N.MALA,J.

(kpl) 07.07.2022