Bara Imam Makkan(Private Wakf) v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR WMP.No.33413 of 2016 Bara Imam Makkam (Private Wakf) Rep. by its Muthavalli H.Basheer Ahamed, No.527, R.G.Street, Coimbatore - 641 001.

... Petitioner Vs 1.The Tamil Nadu Wakf Board, Rep by its Executive Officer, No.1, Jaffer Sirangh Street, Chennai - 600 001.

2.The Superintendent of Wakfs, Tamil Nadu Wakf Board, 15/16, Pallivasal Valagam, Avinashi Street, Opplipalayam, Coimbatore - 641 018.

3.The Inspector of Wakf, Coimbatore.

4.A.R.Shaik Baboo, Block No.23, Ward No.3, R.G.Street, Coimbatore - 641 001.

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... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records of the 1st respondent relating to the resolution herein dated 02.03.2016 bearing S.No.9, item No.171/15 in Na.Ka.No.5182/11/A3/Coimbatore and quash the same.

For Petitioner : Mr.C.R.Prasanan and J.Maheswaran For Respondents : Mr.Mohammed Riyaz Ali Senior Counsel for R1 to R3 M/s.V.Murugesan for R4

O R D E R

This writ petition is filed challenging the order passed by the 1st respondent recognizing the 4th respondent as Muthavalli of Bara Imam Makkam Waqf No.527, R.G.Street, Coimbatore.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that under the impugned order, the 4th respondent was appointed as Muthavalli of the Waqf for a period of 3 years and subsequently his appointment was extended by the 1st respondent. The 2/4

subsequent order extending the term of 4th respondent is questioned by the petitioner before the Waqf Tribunal in O.A.No.108 of 2022 and the same is pending. The petitioner may be given liberty to raise all the points raised by him questioning the appointment of 4th respondent in this writ petition before the Waqf Tribunal in the pending Original Application.

3. The learned counsel appearing for contesting 4th respondent also submits that he may be permitted to raise all the points in his favour before the Waqf Tribunal in the pending Original Application.

4. Since the petitioner already filed an Original Application questioning the extension given to the 4th respondent as Muthavalli of Bara Imam Makkam Waqf, this writ petition is closed with liberty to the petitioner as well as the 4th respondent to raise all the points raised by them in this writ petition before the Waqf Tribunal, in the pending Original Application.

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S.SOUNTHAR, J.

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5. With these observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.09.2023 Note: Issue order copy on 14.09.2023.

Index : Yes/No Speaking order:Yes/No ub 1.The Tamil Nadu Wakf Board, Rep by its Executive Officer, No.1, Jaffer Sirangh Street, Chennai - 600 001.

2.The Superintendent of Wakfs, Tamil Nadu Wakf Board, 15/16, Pallivasal Valagam, Avinashi Street, Opplipalayam, Coimbatore - 641 018.

3.The Inspector of Wakf, Coimbatore.

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