Madras High CourtWP/29868/2012disposed of

Sulaimaan v. The Tamilnadu Wakf Board

2015-09-10Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015

CORAM:

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.29868 of 2012 Sulaimaan

...Petitioner

vs.

1. The Tamil Nadu Wakf Board, rep. by its Chief Executive Officer, No.1, Jaffar Sarang Street, Vallal Seethi Nagar, Mannady, Chennai.

2. Pennadam Jumma Pallivasal Wakf, rep. by its President, Pennadam Jumma Mosque, Pennadam Thittakudi Taluk, Cuddalore District.

3.S.K.Basha

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 1st respondent to consider the representation dated 14.10.2012 and conduct enquiry against the 3rd respondent.

For Petitioner :

Ms.A.Ajimath Begam For Respondents :

Mr.Mohammed Fayaz Ali - R1 No appearance for R2 & R3

O R D E R

Heard the learned counsels appearing on behalf of the petitioner, as well as the 1st respondent. There is no representation on behalf of respondents 2 and 3.

2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the 1st respondent had submitted that the petitioner may be directed to submit a proper application, along with an affidavit, in accordance with the the relevant provisions of the Wakf Act, 1995, and the Rules framed thereunder, with regard to the relief prayed for by the petitioner, in the present Writ Petition. The learned counsel had further submitted that on submission of the application by the petitioner, the same would be considered and disposed of, in accordance with law, after giving an opportunity of hearing to the petitioner, and the other persons concerned, if any.

3. In view of the submissions made by the learned counsel appearing on behalf of the 1st respondent, the petitioner is directed to submit a proper application, along with an affidavit, in accordance with the relevant provisions of the Wakf Act, 1995, and the Rules framed thereunder, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such application, the 1st respondent shall consider and pass appropriate orders thereon, in accordance with law, within a period of 12 weeks thereafter, after giving an opportunity of hearing to the petitioner, and the other persons concerned, if any. Accordingly, the Writ Petition is disposed of, with the above directions. However, in the circumstances of the case, there shall be no order as to costs. Sd/- Assistant Registrar(Records) //True Copy// Sub Assistant Registrar gs.

1. The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Vallal Seethi Nagar, Mannady, Chennai.

2. The President, Pennadam Jumma Pallivasal Wakf, Pennadam Jumma Mosque, Pennadam Thittakudi Taluk, Cuddalore District.

1 CC to Ms.A.Ajimath Begam, Advocate SR.No. 49363 W.P.No.29868 of 2012 VGI (CO) PSI (30.09.2015)