Meer Hasanullasha Sarmasth Dargah Wakf v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.10.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.31634 of 2024 Meer Hasanullasha Sarmasth Dargah Wakf @ Meer Hasanullah Sha Dargah Wakf, Rep. By its Muthawalli, S.Nazeer Basha, No.45-17/5, Pensioner Street, Tennur, Trichy.
... Petitioner Vs.
1. The Tamil Nadu Wakf Board, Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.
3. The District Registrar, District Registration Office, Court compound, Cantonment, Trichy.
4. The Superintendent of Wakf, Office of the Superintendent of Wakf, 8/124, Kaithe Millath Road, Palakarai, Trichy.
5. M/s.SBRR QUBE Infra LLP, Rep by its Partners, S.Saravanan, S/o.Sundarraj, No.3/70, Nadutheru, Valaiyur Village, Trichy.
....... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to take necessary action to save the wakf properties vide representation dated 29.09.2024. For Petitioners : Mr. Y.Kajanavas For Respondents : Mr.Avinash Wadhwani, RR1, 2 & 4
ORDER
The writ petitioner seeks a direction to the respondents 1 to 4 to take necessary action to save the wakf properties vide representation dated 29.09.2024.
2. It is the case of the petitioner that the respondents 5 & 6 have illegally trying to trespass into the wakf property. Hence, the petitioner made a representation on 22.09.2024 before the Wakf Tribunal and the Wakf Tribunal has granted injunction against the 4th and 5th respondents. In the meanwhile, the respondents 5 & 6 had illegally trying to sell the wakf properties to the third party. Hence, the petitioner made a representation on 29.09.2024 to the respondent and the same was not considered. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted that the respondents will be considered and an appropriate orders will be passed on the
petitioners representation within the stipulated time as fixed by this Court.
5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents to consider the petitioners representation dated 29.09.2024 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of. No costs. 22.10.2024 rli To
1. The Tamil Nadu Wakf Board, Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.
M. DHANDAPANI .J.
rli
3. The District Registrar, District Registration Office, Court compound, Cantonment, Trichy.
4. The Superintendent of Wakf, Office of the Superintendent of Wakf, 8/124, Kaithe Millath Road, Palakarai, Trichy.
W.P.NO.31634 of 2024 22.10.2024