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Madras High CourtWP/21839/2021disposed of

M.Malik Basha v. The Chairman

2021-10-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.21839 OF 2021 M.Malik Basha ... Petitioner

Versus

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, Vallal Setthakathi Nagar, Chennai - 600 001.

3. The Superintendent of Wakf, Poonamallee Zone, Big Mosque Complex, Poonamallee, Chennai - 600 056. ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to furnish the copies of the Wakf Proforma and Wakf Register of Ibrahim Mosque (Pallivasal), Natham Parameshwaramangalam, Veppenchery Post, Cheyyur Taluk, Chengalpattu District by considering the petitioner's application dated 07.01.2021 and petitioner's representation dated 05.05.2021.

For Petitioner : Mr.A.Ilaya Perumal

O R D E R

The prayer made in this writ petition is to issue a mandamus, directing the second respondent to furnish copies of the Wakf Proforma and Wakf Register of Ibrahim Mosque (Pallivasal), Natham Parameshwaramangalam, Veppenchery Post, Cheyyur Taluk, Chengalpattu District, by considering the petitioner's application and representation dated 07.01.2021 and 05.05.2021 respectively.

2. According to the petitioner, the subject mosque viz., Ibrahim Mosque (Pallivasal), was registered with the Tamil Nadu Wakf Board and was administered by the President, Majid-e-Akbar Madaraza Rahmania Mosque, as muthavalli, from the year 1995. It owns several acres of properties, which are grabbed by the said President, Majid-e-Akbar Madaraza Rahmania Mosque and his persons. On coming to know about the same, the petitioner contested the election of office bearers and was selected as a member of the said Mosque. On 19.07.2019, in the general body meeting, the petitioner was elected as Joint Secretary, other persons were for the other posts, and a resolution was also passed to that effect. However, the same was not informed to the respondents 1 and 2 by the President, Majid-e-Akbar Madaraza Rahmania Mosque, for approval.

Hence, the petitioner filed WP.No.17883 of 2020, seeking a mandamus, directing the respondents 1 and 2 to take appropriate action on the petitioner's representation dated 09.10.2020 to constitute the separate committee for Ibrahim Mosques, Natham - Parameshwaramangalam Village, Veppenchery Post, Cheyyur Taluk, Chengalpattu District and the said writ petition is pending. It is the further case of the petitioner that to prove his claim made in the said writ petition, wakf proform and wakf register are required, for which, he made an application on 07.01.2021 to the respondent authorities, which was not considered. Hence, he submitted a representation dated 05.05.2021, which was also not considered, till date. Finding no other option, the petitioner has preferred this writ petition with the aforesaid prayer.

3. Heard the learned counsel for the petitioner and perused the documents enclosed in the typed set of papers.

4. Having regard to the limited relief sought in this writ petition, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's application dated 07.01.2021 and representation dated 05.05.2021 with regard to furnish the copies of wakf proform and wakf register, and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the petitioner as well as any other interested parties,

within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar av To 1.

The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, Vallal Seethakathi Nagar, Chennai - 600 001.

2.

The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, Vallal Setthakathi Nagar, Chennai - 600 001.

3.

The Superintendent of Wakf, Poonamallee Zone, Big Mosque Complex, Poonamallee, Chennai - 600 056.

+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.53061 W.P.NO.21839 OF 2021 KSM(CO) PBS/02/11/2021