Syed Mazheruddin v. The Superintendent Of Waks
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.38807 of 2024 Syed Mazheruddin
...Petitioner
Vs.
1.The Superintendent Of Wakfs Chennai Circle, Tamilnadu Wakf Board, No.137, Dr.Besant Road, Near NKT Girls School, Triplicane, Chennai-600 005 2.The Chief Executive Officer Tamilnadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001 3.Tamilnadu Wakf Board Rep By Its Chief Executive Officer, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 300 001 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to remove the illegal flex banner affixed in the dargah premises in accordance with the proceedings of the 2nd respondent dated 30.7.2024 in Na.Ka.No.10025/B6/2009/Che and as sought vide representation dated 3.9.2024 1/4
For Petitioner : Mr.N.A.Nissar Ahmed Senior Counsel for Mr.I.Kowser Nissar For Respondents : Mr.C.Shankar for R1 to R3 Standing Counsel (wakf)
O R D E R
The writ petition is filed seeking a direction to 1st respondent to remove the illegal flex banner installed in the Darga premises as per the proceedings of the 2nd respondent dated 30.7.2024 in Na.Ka.No.10025/B6/2009/Che by considering the representation of the petitioner dated 03.09.2024.
2. Heard the arguments of the learned Senior Counsel for the petitioner and learned Standing Counsel (Wakf) for the respondents 1 to 3.
3. A perusal of the affidavit filed in support of this writ petition and the typed set of papers would suggest that 2nd respondent, the Chief Executive Officer of the Tamil Nadu Wakf Board, issued a direction to 1st respondent to take necessary steps for removal of the flex board installed in the above mentioned wakf premises by informing date and time for removal to the police. In spite of the said direction, the 1st respondent has not taken any steps to comply with the direction issued by the 2nd respondent. Therefore, the 2/4
petitioner submitted a representation before the 1st respondent seeking removal of the flex board as per the direction issued by the 2nd respondent. The representation of the petitioner has not been considered till date. Therefore, the petitioner has come before this Court seeking above mentioned direction.
4. The learned Standing Counsel (wakf), who takes notice for the respondents 1 to 3, submits that directions issued by the 2nd respondent will be complied with by the 1st respondent. The said statement made by the learned Standing Counsel (wakf) for the respondents 1 to 3 is recorded and the 1st respondent is directed to comply with the order passed by the 2nd respondent in his proceedings in Na.Ka.No.10025/B6/2009/Che dated 30.7.2024 within a period of twelve weeks from the date of receipt of copy of this order.
5. With the above directions, the writ petition stands disposed of. No costs.
22.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4
S.SOUNTHAR , J.
nr To 1.The Superintendent Of Wakfs Chennai Circle, Tamilnadu Wakf Board, No.137, Dr.Besant Road, Near NKT Girls School, Triplicane, Chennai-600 005 2.The Chief Executive Officer Tamilnadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001 3.Tamilnadu Wakf Board Rep By Its Chief Executive Officer, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 300 001 W.P No.38807 of 2024 22.01.2025 4/4