Janab S.Tanveer Ahmed v. The Tamil Nadu Waqf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24792 of 2023 Janab S. Tanveer Ahmed

...Petitioner

Vs.

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

2.The Executive Officer, Mosque and Burial and Nazuk Rathan Be Dargah Waqf, Vaniyambadi, Vellore District - 635 751.

3.Syed Munir 4.Syed Zafar Basha ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 16.02.2023 within a period of stipulated time and take appropriate action to recover the waqf property in accordance with law.

1/4

For Petitioner : Mr. M.M.I. Khaleel For Respondents 1&2 : Mr. S. Haja Mohideen Gisthi, Senior Standing Counsel for Waqf Board For respondents 3 &4 : M/s. I. KowserNissar

O R D E R

The petitioner seeks direction to respondents 1 and 2 to consider his representation dated 16.02.2023 within a period stipulated by this Court.

2. It is the case of the petitioner that the properties of Nazuk Rathan Be Dargah are being alienated by some private parties in favour of third parties and in this regard, the petitioner submitted a representation to respondents 1 and 2 on 16.02.2023 and the same has not been considered till date.

3. Mr. S. Haja Mohideen Gisthi, learned Senior Standing Counsel for Wakf Board, who takes notice for the respondents 1 and 2 submits that in respect of the above said Wakf, some dispute is pending before Wakf Tribunal in O.S.No.69 of 2021.

2/4

4. In view of the serious allegations made by the petitioner in his representation regarding alienation of the wakf properties, this Court, without expressing any opinion on the claim made by the petitioner, is inclined to direct the 1st respondent to consider the representation of the petitioner dated 16.02.2023 and pass final orders on merits and in accordance with law after issuing notice to the interested parties within a period of twelve 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. 04.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

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

2.The Executive Officer, Mosque and Burial and Nazuk Rathan Be Dargah Waqf, Vaniyambadi, Vellore District - 635 751.

W.P No.24792 of 2023 04.09.2023 4/4