Janab Hajee Sirajuddin Yusuf v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2018 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.28334 of 2017 and W.M.P.No.30441 of 2017 Janab Hajee Sirajuddin Yusuf ... Petitioner Vs.

1.The Secretary to Government Backward Classes, Most Backward Classes and Minorities Department Fort St. George, Chennai - 9.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, Sarang Jaffer Street, Chennai - 1.

3.Janab Hajee Shaik Athaulla 4.The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st Respondent to issue necessary instructions to the 2nd Respondent herein to take necessary action to protect the gifted land of 48 cents having patta NO.769, comprised in Survey NO.38/1 (Part) situate in Muthapudupet, I.A.F. Avadi, Chennai - 600 055, Tiruvallur District bounded on the North by the land of Mrs.Meherunnisa Yusuf and Mr.A.Mohd.Yusuf, South by the land belonging to Mr.Shahjahan and row houses upto the last property belonging to Cittybabu, West by the Mosque Street, East by land house of Sirajuddin Yusuf (Petitioner herein), situate within the Sub Registrar's Office at Avadi, under the District of Tiruvallur, and to protect the said mosque namely 'Masjid-3-Mohammadi' and to make available the said public road for public use without any hindrance by any one, situate within the said land.

For Petitioner : Mr.S.Arunkumar For Respondents: Mr.A.Ansar [For R1] Mr.V.Raghavachari [For R2] Mr.A.Abdul Rahim [For R3] Mr.P.Srinivas [For R4]

O R D E R

The grievances of the Writ Petitioner is that the father of the Writ Petitioner had gifted a portion of the land of 48 cents having patta No.769, comprised in Survey No.38/1 (part) in favour of the Mosque for its development.

2.The learned counsel for the Writ Petitioner states that the Third Respondent instead of developing the Mosque allowing the encroachers to enter into the premises gifted by the father of the Writ Petitioner. Even the public roads are unable to be used for the benefit of the public. The Third Respondent is committing such irregularities and illegalities in respect of the property gifted by the father of the Writ Petitioner for the welfare and development of the Mosque. In this regard, the Writ Petitioner submitted various representations to the authority concerned and no action has been taken in that regard. 3.The learned counsel appearing on behalf of the Second Respondent /Tamil Nadu Wakf Board made a submission that the board was not functioning for quite sometimes and the same has been constituted from the month of March 2018. 4.

This being the factum of the case, all the factual details and the relevant documents shall be submitted before the Tamil Nadu Wakf Board for adjudication and the Writ Petitioner is also permitted to set out his grievances and plead the same before the Wakf Board.

5.The learned counsel appearing for the Third Respondent submits that the contention of the Writ Petitioner are erroneous.

6.However, the Wakf Board at the time of conducting an enquiry shall hear all the parties concerned and take decision and pass orders on merits and in accordance with law. 7.In this view of the matter, the Writ Petitioner is permitted to submit a detail representation along with the

relevant documents to the Second Respondent /Wakf Board within a period of three(3) weeks from the date of receipt of a copy of this order and the Second Respondent Wakf Board after issuing notice to all the parties concerned, shall conduct an enquiry and pass orders on merits and in accordance with law based on the materials available on record within a period of twelve weeks, thereafter.

8.Accordingly, the Writ Petition is disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar maya To 1.The Secretary to Government Backward Classes, Most Backward Classes and Minorities Department, Fort St. George, Chennai - 9.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, Sarang Jaffer Street, Chennai - 1.

3.The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

+1cc to the Government Pleader Sr.56439 +1cc to M/S.Abdul Rahim, Advocate Sr.55787 +1cc to Mr.P.Srinivas, Advocate Sr.56308 W.P. No.28334 of 2017 srg 10/09/2018