S.Mohammed Abdul Khadar v. Other Departments (Tn)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR S.Mohammed Abdul Khadar ... Petitioner

Versus

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive officer, Chennai- 600 002.

2. The sub Registrar office, Keelakarai, Ramanadhapuram District.

3. The Superintendent of Waqf, Ramanadhapuram Zone, No. 176 / 11, 1st Floor, Therappa Sayanam Road, Velipattinam, Ramanadhapurma 623 504.

4. The Inspector of Waqf, Ramandhapuram Division, No. 176 / 11, 1st Floor, TherappaSayanam Road, Velipattinam, Ramanadhapuram 623 504.

5. Uswathul Hasana muslim Sangam, Represented by its secretary, Mr. Sadaq Ansari, S/o. N.D.s. Shathul Hameed, Old No. 6, New No. 11 Krishna street, Nungambakkam, Chennai 600 034.

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6. Kader Sahibu Family Trust, Represented by its Managing Director, Mr. S.J.Kader Sahibu, S/o Syed Jamaludeen, No. 7 1st street, Mahalakshmi Nagar, Padiyanallur, Chennai 606 052.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, To Dispose the above O.A 24 of 2022 on the file of the Tamilnadu Waqf Tribunal at Chennai within the time frame as fixed by this Honble Court.

For Petitioner : Mr.A.Syed Kaleesha For Respondent : Mr.Haja Mohideen Gisti RR1,3& 4 Mrs.R.Anitha, SGP R2

ORDER

This writ petition has been filed seeking a direction to the Wakf Tribunal to dispose the O.A 24 of 2022 on the file of the Tamilnadu Waqf Tribunal at Chennai within the time frame as fixed by this Honble Court.

2. Mr.Hajamohideen Gisti, learned Standing Counsel takes notice on behalf of the respondents 1, 3 & 4. Mrs.R.Anitha, learned Special Government Pleader takes notice on behalf of the second respondent. 2/4

3. The learned counsel for the petitioner submitted that the application in O.A.No.24 of 2022 under Section 83 and 84 of the Wakf Act filed before the Wakf Board for declaration to declare that the sale deed dated 24.06.2019 vide document No.1814 of 2019, SRO. Keelakarai registered before the second defendant executed by the 5th defendant in favour of the 6th defendant to be null and void; and for permanent injunction. The above said application is kept pending without any progress. Therefore, this Court may direct the Tamil Nadu Wakf Tribunal, Chennai to dispose the application within the time frame as fixed by this Court.

4. Considering the limited request made by the petitioner, this Court directs the Tamil Nadu Wakf Tribunal, Chennai to expedite the hearing and dispose of the application within a period of eight months from the date of receipt of a copy of this order on merits and in accordance with law.

5. With the above directions, the writ petition is disposed of. No costs. 27.01.2023 rli 3/4

N.SATHISH KUMAR, J.

rli To

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive officer, Chennai- 600 002.

2. The sub Registrar office, Keelakarai, Ramanadhapuram District.

3. The Superintendent of Waqf, Ramanadhapuram Zone, No. 176 / 11, 1st Floor, Therappa Sayanam Road, Velipattinam, Ramanadhapurma 623 504.

4. The Inspector of Waqf, Ramandhapuram Division, No. 176 / 11, 1st Floor, TherappaSayanam Road, Velipattinam, Ramanadhapuram 623 504.

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