Azeez Badsha Charities v. The Chief Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.15509 of 2025 AZEEZ BADSHA CHARITIES, REP. BY ITS PRESIDENT, ABDUL JABBAR SUHAIL, REG OFFICE AT OLD NO. 4, NEW NO.9, LEITH CASTLE, NORTH STREET, SANTHOME, CHENNAI - 6000 028.
... Petitioner Vs 1.
NO. 1, JAFFAR SERANG STREET, VALLAL SEETHA KATHI NAGAR, 2.
K.M.N.JAMAL MOHAME D ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent herein to initiate action against the second respondent herein under Section 54 of the Wakf Act, 1995 in pursuance to the petitioner's representation dated 25.07.2024 within a time frame as fixed by this Court.
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W.P.NO.15515 of 2025 M/S.AZEEZ BADSHA CHARITIES, REPRESENTED BY ITS PRESIDENT, MR.ABDUL JABBAR SUHAIL, REGISTERED OFFICE AT OLD NO. 4, NEW NO.9, LEITH CASTLE NORTH STREET, SANTHOME, CHENNAI 6000 028.
... Petitioner Vs 1.
NO. 1, JAFFAR SYRANGE STREET, VALLAL SEETHAGATHI NAGAR, 2.
SURESH G SOLE PROPRIETOR OF M/S.DHANUSH PRINTS, GROUND FLOOR AT OLD NOS. 12 AND 13, NEW NOS. 25 AND 27, MOHAMED HUSAIN STREET, ROYAPETTAH, CHENNAI - 600 014.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent herein to initiate action against the second respondent herein under section 54 of the Waqf Act 1995 in pursuance to the petitioner's representation dated 25.07.2024 within a time frame as fixed by this Court.
In both W.Ps.
For Petitioner : Mr.K.Ezhumalai for Mr.H.Thameen Ansari For R1 : Mr.G.Mohammed Aseef 2/5
COMMON ORDER These two writ petitions seek to direct the first respondent to take action against the respective second respondents under Section 54 of the Wakf Act, 1995.
2. Upon hearing the learned counsel appearing for the petitioner and the learned counsel on behalf of the first respondent, the grievance of the petitioner is that, in the case of K.M.N. Jamal Mohamed, a suit in O.S. No. 43 of 2023 has already been filed before the Tamil Nadu Wakf Tribunal and an order of eviction has been passed. Similarly, in the case of G.Suresh, a suit in O.S. No. 12 of 2022 has been filed before the Tamil Nadu Wakf Tribunal and an order of eviction has been passed. Therefore, further action has to be taken under Section 54 of the Wakf Act by the first respondent. In this regard, the petitioner has made separate representations dated 25.07.2024.
3. In view of the limited relief granted in this writ petition, this writ petition is disposed of at the admission stage without notice to the respective second respondents.
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4. The first respondent shall consider the representation of the petitioner dated 25.07.2024 and if it is found that the orders of the Wakf Tribunal have become final, shall initiate action under Section 54 of the Wakf Act in accordance with law. Needless to mention that the second respondent shall also be heard in that regard. The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of this order.
5. In view thereof, these writ petitions are disposed of. No costs. 30.04.2025 nsl To NO. 1, JAFFAR SYRANGE STREET, VALLAL SEETHAGATHI NAGAR, 4/5
D.BHARATHA CHAKRAVARTHY, J.
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