H.Jarina Begum v. Tamil Nadu Wakf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25026 of 2023 H. Jarina Begum

...Petitioner

Vs.

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

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the representation given by the petitioners on 07.02.2023 for regularize petitioner tenancy and also to fix rent for the petitioner possession in the property situated at old No.8, Nool Kadai Street, Nagapattinam - 611 001, comprised in Survey No.1732 for the extent of 5500 square feet. 1/4

For Petitioner : Mr. E.I. Abdul Rahaman For Respondent : Mr. Mohammed Aseef Standing Counsel for Wakf Board

O R D E R

The petitioner seeks a direction to the respondent to consider his representation dated 07.02.2023 seeking regularization of his tenancy and to fix fair rent for the property in his possession at Old No.8, Nool Kadai Street, Nagapattinam - 611 001.

2. It is the case of the petitioner that right from the days of his father, his family members have been in possession and enjoyment of the building situated at Old No.8, Nool Kadai Street, Nagapattinam - 611 001 in Survey No.1732. Due to some disturbance in the administration of the Wakf, the fair rent has not been fixed for the above said property. The petitioner submitted a representation to the respondent on 07.02.2023 seeking fixation of fair rent and regularization of lease agreement. The said representation has not been considered till date.

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3. Mr.Mohammed Aseef, learned Standing Counsel (Wakf Board) appearing for the respondent, on instructions, submits that the representation of the petitioner will be considered on merits and suitable orders will be passed.

4. In view of the statement made by the learned Standing Counsel for the respondent, this Court is inclined to issue a direction to the respondent to consider the representation of petitioner dated 07.02.2023 and pass final orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. 24.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr/shl 3/4

S.SOUNTHAR , J.

nr/shl To The Chairman Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar, Chennai - 600 00.

W.P No.25026 of 2023 24.08.2023 4/4