M.Kashif Ahamed v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2024

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI M. Kashif Ahmed ....

Petitioner

Versus

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

2. The Inspector of Wakf No.8, Arani Salai, Sainathanapuram, Vellore District.

3. Syed Iqbal ...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, to direct the 1st respondent to conduct a meeting for appointment of New Muthawalli based on the recommendations made by the 2nd respondent, dated 21.06.2024 vide G.S.vz:553/ntYhh/t.B/2024 For Petitioner : Mr.L. Ramu For Respondents : Mr.M. Fakkin Mohideen for R1 & R2 1/4

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Heard Mr.L. Ramu, learned counsel for the petitioner. Mr.M.Fakkin Mohideen, learned counsel accepts notice for the respondents 1 and 2.

3. It is the case of the petitioner that the petitioner has submitted an application before the 2nd respondent to appoint him as Muthawalli. Though the 2nd respondent has conducted enquiry and forwarded a report with recommendations to the 1st respondent to conduct a meeting in the above regard, the said meeting was not conducted till date. Hence, this writ petition.

4. Learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to conduct a meeting for appointment of New Muthawalli based on the recommendations made by the 2nd respondent and pass orders on merits within a stipulated time.

5. The learned counsel for the respondents 1 & 2 has no objection for the said order being passed.

2/4

6. Considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the 1st respondent to conduct a meeting for appointment of Muthawalli, by considering the recommendations of the 2nd respondent and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs.

09.08.2024 Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To 1.The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Inspector of Wakf No.8, Arani Salai, Sainathanapuram, Vellore District.

3/4

M.DHANDAPANI, J.

vsi2 09.08.2024 4/4