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Madras High CourtWP/5580/2016disposed of

T.S.Mohamed Yusuf Jamal v. The Chairman

2016-06-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5580 of 2016 and WMP.Nos.4910 & 4911/16 and 16321 & 16322/2016 T.S.Mohamed Yusuf Jamal ..

Petitioner Vs 1 The Chairman Tamilnadu Wakf Board No.1 Jaffer Syrand Street Vallal Seeethakathi Nagar Chennai- 600 001 2 The Chief Executive Officer Tamilnadu Wakf Board No.1 Jaffer Syrand Street Vallal Seeethakathi Nagar Chennai- 600 001 3 The Superintendent of Wakfs Bahadur Shah Mosquie Compound No.8 Arani road, Sainathpuram Vellore-634 001 4 The Wakf Inspector Thiruvannamalai 5 Mr.A.R.Ishtiaq Ahamed .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 4 herein to forthwith consider the representations of the Petitioner dated 30.07.2015 and 21.12.2015 and take final action against the 5th Respondent herein on the basis of the Show Cause Notice dt. 29.04.2014 issued by the 2nd Respondent and direct the Respondents 1 to 4 herein to dissolve the existing Committee of Management of the 5th Respondent Wakf and constitute a new Management for the same in accordance with law.

For Petitioner : Mr.Sivamohan For R1 to R4 : Mr. V.Lakshmi Narayanan For R5 : Mr. K.Ashok Kumar

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner claims that he is a resident and one of the members of Khaderpet Sunnath Jamath Mosque Wakf and also a regular worshipper in the said Mosque. Therefore, he is a person interested in the proper administration, welfare and management of the said Mosque.

3. The grievance expressed by the petitioner appears to be that the 5th respondent keeping a few persons with him, had demolished the existing building and put up a new construction without the approval of the Wakf Board and also let out the same to various persons contrary to the welfare of Wakf and enriching himself detrimental to the interest of the Wakf and in this regard, he submitted representations dated 30.7.2015 and 21.12.2015 to respondents 1 to 4 and take action against the 5th respondent based on the show cause notice dated 29.4.2014 issued by the second respondent with a further direction directing the respondents 1 to 4 to dissolve the existing committee of the management of the 5th respondent.

4. This Court vide order dated 16.2.2016 has granted the order of ad interim injunction.

5. Heard the submissions of Mr.V.SivaMohan, learned counsel, for the petitioner, who would submit that admittedly, the 5th respondent is acting detrimental to the interest of the Wakf and for the reasons best known to them, the Wakf Board is keeping quite and is not taking any action.

6. Per contra, Mr. V. Lakhsmi Narayanan, the learned standing counsel appearing for Wakf Board would contend that the management of the Wakf has already been taken over, but the physical possession could not be taken for the reason that the records are still with the 5th respondent and undertakes to expedite the process.

7. The learned counsel for the 5th respondent would submit that challenging the order of the Tamil Nadu Wakf Board in taking over the management of the Wakf, the 5th respondent has already filed

W.P.No.14650/2016, but he is not having the benefit of any interim orders.

8. In the light of the above facts and circumstances, the writ petition is disposed of and the respondents 1 to 4 are directed to expedite the process, as regards the physical possession of the Wakf, in the light of the fact, that there is no interim order in operation in W.P.No.14650/2016.

9. Writ petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar kua To:

1 The Chairman Tamilnadu Wakf Board No.1 Jaffer Syrand Street Vallal Seeethakathi Nagar Chennai- 600 001 2 The Chief Executive Officer Tamilnadu Wakf Board No.1 Jaffer Syrand Street Vallal Seeethakathi Nagar Chennai- 600 001 3 The Superintendent of Wakfs Bahadur Shah Mosquie Compound No.8 Arani road Sainathpuram Vellore-634 001 4 The Wakf Inspector Thiruvannamalai 1 cc to M/s.AL. Gandhimathi, Advocate, Sr. 29880 1 cc to M/s. V. Raghavachari, Advocate, sr. 29765 1 cc to M/s.K. Ashokkumar, Advocate, Sr. 29761 W.P.No.5580 of 2016 NR (CO) kk 13/6