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Madras High CourtWP/25495/2024disposed of with direction

A.Jainulabthen v. The Chairman

2024-09-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Jainulabthen ... 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.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 19.03.2024 to appoint the petitioner and seven others as the Management Committee for Hazrath Syed Badruddin Shahid Dargah and Mosque G.S.No:172/CGT.

For Petitioner :

Mr.E.I.Abdul Rahman For Respondent : Mr.Haja Mohideen Gishta for Wakf Board

O R D E R

This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 19.03.2024 to appoint the petitioner and seven others as the Management Committee for Hazrath Syed Badruddin Shahid Dargah and Mosque G.S.No:172/CGT.

2. The case of the petitioner is that Hazrath Syed Badruddin Shahid Dargah and Mosque is a registered and notified Wakf under the first respondent. One Kasim was appointed as the President of an Adhoc Committee to manage the Wakf for a period of one year on 04.03.2020 and thereafter, no extension was granted by the first respondent. Several complaints were raised against Kasim for mismanagement of Wakf property and receiving unlawful money and Kasim is now attempting to obtain order

for extension of his management tenure. Hence, the petitioner and seven others made a representation on 19.03.2024 before the respondents requesting the appointment of a Management Committee for Hazrath Syed Badruddin Shahid Dargah and Mosque, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner, dated 19.03.2024 on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs

the respondents to consider the representation of the petitioner, dated 19.03.2024 and pass appropriate orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

03.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

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.

M.DHANDAPANI, J.

ssb 03.09.2024