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Madras High CourtWP/35607/2024disposed of

G.Goush Basha v. The Tamil Nadu Wakf Board

2024-11-28Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR G.Goush Basha ... Petitioner vs.

The Tamil Nadu Wakf Board, Rep by its Chairman No:1, Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai-600001.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent to consider the representation dated 19.07.2024 to promptly appoint a new management committee for Gunangudi Masthan Saheb Dargah, in accordance with the scheme framed by this Court in C.S.No.317 of 1948. For Petitioner : Mr.S.Muralikrishnan For Respondent : Mr.S.Haja Mohideen Gisthi Senior Standing Counsel for Wakf

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondent, this writ petition is disposed of at the admission stage itself.

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2. The petitioner seeks a direction to the respondent to consider his representation dated 19.07.2024 seeking appointment of new Management Committee for Gunangudi Masthan Saheb Dargah in accordance with the scheme framed by this Court in C.S.No.317 of 1948.

3. It is the case of the petitioner that affairs of Gunangudi Masthan Saheb Dargah is governed by the scheme framed by this Court in C.S.No.317 of 1948. As per the scheme provisions, the Management Committee appointed under the Scheme is responsible for overall Management of Dargah and properties. It is stated by the petitioner that the tenure of the present Committee is expired and thereafter, no new committee has been formed as per the provisions of the scheme. Therefore, the petitioner submitted a representation before the respondent on 19.07.2024 seeking necessary action and the same has not been considered by the respondent till date. Hence, the petitioner is before this Court.

4. Mr.S.Haja Mohideen Gisthi, learned Senior Standing Counsel for Wakf takes notice for the respondent.

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5. It is the duty of the Respondent/Wakf Board to ensure that the affairs of the concerned Wakf is carried on in accordance with the scheme provisions. Therefore, the respondent is directed to consider the representation of the petitioner dated 19.07.2024 and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order, after issuing notice to the petitioner and all interested parties.

6. With the above direction, the Writ Petition stands disposed of. No costs.

28.11.2024 Index : Yes/No Speaking order:Yes/No dm To The Chairman, Tamil Nadu Wakf Board, No:1, Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai-600001.

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S.SOUNTHAR, J.

dm 28.11.2024 4/4