M.K.Jalaludeen v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.K.Jalaludeen ... Petitioner -vs1. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffer Syrang Street, George Town, Chennai - 600 001.

2. The Office Bearers, Jamia Big Pallivasal Wakf, Pattur, Mosqu Colony, Kancheepuram District - 600 122.

3. The Superintendent of Wakf, Poonamallee Zone, Poonamallee Big Pallivasal, Kancheepuram District - 600 056.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider and dispose of the Petitioner's representation dated 05.09.2023, subsequently to handover my shops situated in Arunachalam Nagar Main Road, Mangadu.

1/6

For Petitioner :

Mr. T.Nixon For Respondents :

Mr. Mohamed Fayaz Ali, Standing Counsel (for R1 & R3)

O R D E R

Heard Mr. T.Nixon, Learned Counsel for the Petitioner and Mr. Mohamed Fayaz Ali, Learned Standing Counsel, who takes notice for the First and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Second Respondent, notice to them is dispensed with.

3.

The grievance ventilated by the Petitioner is that his father-in-law, viz., M.B.Abdul Khani, was a tenant of the shop belonging to the Waqf of the Second Respondent and subsequently, on the request of the said M.B.Abdul Khani, he has been carrying on business for his family in his name for which lease has also been transferred by the Second Respondent. It is stated that the leased shop had been damaged in a fire accident in August 2011 and despite request made by the Petitioner, the concerned authorities have not re2/6

constructed the shop. In that backdrop, the Petitioner claims to have made a representation dated 05.09.2023 to the Respondents to re-construct the shop and grant lease of the same for him to continue to carry on business, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 4.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 05.09.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions 3/6

raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.03.2024 before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

22.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

vjt To

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffer Syrang Street, George Town, Chennai - 600 001.

2. The Office Bearers, Jamia Big Pallivasal Wakf, Pattur, Mosqu Colony, Kancheepuram District - 600 122.

3. The Superintendent of Wakf, Poonamallee Zone, Poonamallee Big Pallivasal, Kancheepuram District - 600 056.

4/6

Copy to 1.The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2.M.K.Jalaludeen, S/o. Abdul Khadar, No.18th Main Road, Pattur, Mangadu, Kancheepuram District 600 122.

5/6

P.D. AUDIKESAVALU, J.

vjt 22.11.2023 6/6