H.Ghayazullah v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24757 of 2023 H. Ghayazullah

...Petitioner

Vs.

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

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

3.The Election Officer/Superintendent, Tamil Nadu Wakf Board, Sunnath Jammat Periya Pallivasal Wakf, Poonamallee, Chennai - 600 056.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and pass orders in the Petitioners representation dated 19.12.2022 within a time frame and after affording due opportunity of hearing. 1/5

For Petitioner : Mr. R.Gopinath For Respondents : Mr. S. Haja Mohideen Gisthi, Senior Standing Counsel for Wakf Board

O R D E R

The petitioner herein seeks issuance of a writ of mandamus directing the 2nd respondent to consider his representation dated 19.12.2022 within a time frame fixed by this Court.

2. It is the case of the petitioner that Jumma Mosque is situated at Butt road, St. Thomas Mount, Chennai-600 016. The petitioner herein is claiming himself as a person entitled to be appointed as hereditary Muthavalli of the said Jumma Mosque. Though the petitioner submitted a representation on 19.12.2022 and seeks direction to 2nd respondent to dispose of the same, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner may be permitted to give fresh representation to the Wakf Board requesting them to consider petitioner's claim in the Muthavalliship of the above said Mosque.

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3. Mr. S. Haja Mohideen Gisthi, learned Senior Standing Counsel for Wakf Board takes notice for the respondents.

4. In view of the limited made by the petitioner, the petitioner herein directed to submit a fresh representation to the 2nd respondent regarding his claim within a period of two weeks from the date of receipt of copy of this order. If any such representation is made by the petitioner, the 2nd respondent shall consider the same and pass final orders on merits and in accordance with law after issuing notice to all interested persons within a period of 12 weeks from the date of submission of fresh representation by the petitioner.

5. With the above directions, this writ petition is disposed of. No costs. 04.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5

S.SOUNTHAR , J.

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

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

3.The Election Officer/Superintendent, Tamil Nadu Wakf Board, Sunnath Jammat Periya Pallivasal Wakf, Poonamallee, Chennai - 600 056.

W.P No.24757 of 2023 04.09.2023 4/5

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