A.Syed Eliyas v. The Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20980 of 2023 A.Syed Eliyas

...Petitioner

Vs.

1.The Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai -1 2.The Muthawalli, Panjagana Masjid @ Panjagana Sunnath Jamath Pallivasal Wakf, Rayakottai, Thenkanikottai.

3.Syed Javith

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's application dated 09.03.2023 filed under Section 70 of the Wakf Act 1995 on merits and in accordance with law. For Petitioner : Mr.I.Kowser Nissar For Respondent : Mr.C.Shankar Standing Counsel

O R D E R

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The petitioner herein seeks a direction to the first respondent-Wakf Board to consider his application dated 09.03.2023, filed under Section 70 of the Wakf Act, 1995 and pass final orders.

2. According to the petitioner, there are two mosques in Rayakottai, namely Jamia Masjid Wakf and Panchagana Mosque @ Uppalayam Mosque. The first respondent/Wakf Board has supervisory control over the said mosques. It is the case of the petitioner that though the above said two mosques are separate and independent mosques, during Survey and Registration before the Wakf Board, they were registered as one Wakf and assigned one G.S.Number. The petitioner herein filed an application before the Wakf Board on 09.03.2023, seeking enquiry into the administration of the Wakf and also the registration of the above said two mosques as independent Wakfs and apportionment of the properties.

3. The main grievance expressed by the writ petitioner in this writ petition is though he had submitted his application to the first respondent-Wakf Board on 09.03.2023, till date the same has not been taken up for consideration.

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4. Mr.C.Shankar, learned Standing Counsel taking notice for the first respondent Board submitted that in view of the nature of prayer made in the application filed by the petitioner, sufficient time may be given to the first respondent to dispose of the application.

5. In view of the limited prayer made by the writ petitioner, this Court is inclined to issue a direction to the first respondent Board to consider the application of the petitioner filed on 09.03.2023 under Section 70 of the Wakf Act, 1995 and pass final orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. with the above direction, the writ petition stands disposed of. No costs.

17.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 3/4

S.SOUNTHAR , J.

nti To The Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai -1 W.P No.20980 of 2023 17.07.2023 4/4