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Madras High CourtWP/14070/2017disposed of

A.P.S.Mohamed Iqbal v. The Tamil Nadu Waqf Board,

2022-12-09Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.14070 of 2017 A.P.S.Mohamed Iqhal ... Petitioner Vs

1. The Tamil Nadu Waqf Board Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Mannady, Chennai - 600 001.

2. Mr.S.Sarbudeen, President, Masjid Mubarak Waqf, Nehru Bazaar, Avadi, Chennai - 600 054.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the first respondent to dispose of the petitioner's application in Waqf enquiry application W.E.A.No. 2016 dated 26.10.2016 on the file of the first respondent. 1/4

For Petitioner : Mr.A.Ajimath Begam For Respondents : Mr.C.Shankar - R1 Mr.N.A.Nissar Ahmed - R2

ORDER

This writ petition has been filed to to direct the first respondent to dispose of the petitioner's application in Waqf enquiry application dated 26.10.2016 on the file of the first respondent.

2. It is the case of the petitioner that the second respondent has leased out the Waqf property to and in favour of Avadi Baithumai Trust to an extent of 7000 sq.ft. for a meager rent of Rs.100 for a period of 33 years which is against the provisions of the Waqf Act. In this regard, the petitioner has given a representation dated 26.10.2016 which has not been considered by the respondents. Hence, the present Writ Petition has been filed for the aforesaid relief.

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3. The learned counsel appearing for the first respondent submitted that the first respondent will consider the representation of the first petitioner and pass Orders on the same.

4. In such view of the matter, the first respondent shall consider the representation of the petitioner dated 26.10.2016 within a period of three months from the date of receipt of a copy of this Order, after giving an opportunity to all the parties, including the second respondent herein.

5. With the above directions, this Writ Petition is disposed of. No costs.

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1. The Tamil Nadu Waqf Board Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Mannady, Chennai - 600 001.

2. Mr.S.Sarbudeen, President, Masjid Mubarak Waqf, Nehru Bazaar, Avadi, Chennai - 600 054.

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N.SATHISH KUMAR, J.

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