B.Anwar Basha v. The Tamil Nadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH B.Anwar Basha Muthavalli Waqf of Gingee Idgah (Reg.No.G.S.166/SA) No.5, Semmozhi Street Pelakuppam Road, Avarapakkam Thindivanam 604 001 .. Petitioner Vs.
1.The Tamil Nadu Waqf Board Rep. by its Chairman No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001 2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001 3.The District Collector Collector Office Road Moovendar Nagar Villupuram 605 602 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to initiate action under Section 54 of the Waqf Act, 1995 and to remove the encroachments caused by illegal occupants from the Waqf property belonging to the Waqf of Gingee Idgah, Gingee, bearing registration No.G.S.166/SA and 1/4
to restore possession of the said property to the Waqf based on the representation dated 09.06.2025, 26.06.2025 and 30.06.2025. For Petitioner : Mr.S.N.Kirubanandam For RR1 & 2 : Mr.S.Haja Mohideen, Standing Counsel For R3 : Ms.P.Aishwarya, Government Advocate
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to immediately initiate action under Section 54 of Waqf Act, 1995 and remove the encroachments caused by the illegal occupants in the Waqf property belonging to the Gingeee Idgah Waqf, based on the representations made by the petitioner.
2. When the matter was taken up for hearing on 21.07.2025, this Court directed the learned Standing Counsel appearing on behalf of the Waqf Board, to take instructions and the matter was directed to be listed today. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the Waqf Board, based on instructions, submitted that the 2nd respondent is awaiting for the report from the 3rd respondent and also the Field Officer and on receipt of the same, appropriate steps will be initiated by the respondents 1 and 2.
2/4
3. The learned counsel for the petitioner by pointing to paragraph 5 of the affidavit filed in support of the writ petition, submitted that the names of all the encroachers have already been given by the petitioner and repeated representations were given on 09.06.2025, 26.06.2025 and 30.06.2025 and the same did not evoke any response.
4. Taking into consideration the facts and circumstances of the case and considering the grievance expressed by the petitioner and also taking note of the submissions of the learned Standing Counsel appearing on behalf of the respondents 1 and 2, there shall be a direction to the respondents 1 and 2 to receive the report and proceed further in accordance with the Waqf Act and evict the encroachers from the Waqf property. This process shall be completed by the respondents 1 and 2 within a period of eight weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above directions. No costs. 28.07.2025 gya Issue order copy by 31.07.2025 3/4
N. ANAND VENKATESH, J.
gya To 1.The Chairman Tamil Nadu Waqf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001 2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001 3.The District Collector Collector Office Road Moovendar Nagar Villupuram 605 602 28.07.2025 4/4