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Madras High CourtWP/14396/2024disposed of with direction

Haseena Bivi v. Tamilnadu Wakf Board,

2024-09-05Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.15640, 15641 and 20677 of 2024 Haseena Bivi ... Petitioner Vs.

1.Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendent of Wakfs, Chennai Zone, No.139, Dr.Besant Road, Triplicane, Chennai - 600 005.

4.The Inspector of Wakfs, Chennai Zone, No.139, Dr.Besant Road, Triplicane, Chennai - 600 005.

5.The Muthawalli, Neelambasha Dargah, Chennai - 600 005.

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6.R.Geetha

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for records of the first respondent dated 23.01.2024 in Serial No.18, Item No.333/23 in Na.Ka.No.10720/ 09/B6/Chennai and quash the same. For Petitioner : Mr.N.A.Nassir Hussain For Respondents : M/s.Rajeswari Karthikeyan for R1 to R4 R5 - No Appearance Mr.P.B.Suresh Babu for R6

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for records of the first respondent dated 23.01.2024 in Serial No.18, Item No.333/23 in Na.Ka.No.10720/09/B6/Chennai and quash the same.

2.The learned counsel appearing for the petitioner submitted that there is effective remedy available to the petitioner before the Wakf Tribunal and hence, this Court may grant liberty to the petitioner to approach the Wakf Tribunal. The learned counsel further 2/4

prayed that this Court may extend the order of interim stay granted by this Court on 30.05.2024 so as to enable the petitioner to approach the Wakf Tribunal.

3.Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, grants liberty to the the petitioner to approach the Wakf Tribunal. The order of interim stay granted by this Court on 30.05.2024 is extended for a period of two weeks from the date of receipt of a copy of this order, so as to enable the petitioner to approach the Wakf Tribunal.

4.The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 05.09.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendent of Wakfs, Chennai Zone, No.139, Dr.Besant Road, Triplicane, Chennai - 600 005.

4.The Inspector of Wakfs, Chennai Zone, No.139, Dr.Besant Road, Triplicane, Chennai - 600 005.

And W.M.P.Nos.15640, 15641 and 20677 of 2024 4/4

05.09.2024 5/4