Mohammed Ajmal v. The Chief Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.Nos.3586, 3590, 3594, 3597 & 3612 of 2019 Mohamed Ajmal ... Petitioner in C.R.P.No.3286 of 2019 1.Altaf Hussain 2.Mohamed Ali ... Petitioners in C.R.P.No.3290 of 2019 M.Syed Sardar ... Petitioner in C.R.P.No.3294 of 2019 1.Janab A.Farioz 2.Janab A. Ibnu ... Petitioner in C.R.P.No.3297of 2019 .Abdul Wahab ... Petitioner in C.R.P.No.3612 of 2019 Vs 1.The Chief Executive Officer, Tamil Nadu Wakf Board, 1, Jaffar Syrang Street, Vallal Seethakadhi Nagar, Chennai - 600 001.
2. The Executive Officer, Hazat Syed Hussain Sha Khadri Dargah & Mosque at Dimmasamy Dargah, Superintendent of Wakfs i/c North Zone, Chennai - 600 002.
3.Hazrath Syed Hussain Sha Khadri Masjid Represented by President Haji, MD. Habibullah (alias) MD. Nadeem, Office at No.10, Dimmasamy Dargah Street, Jawahar Nagar, Chennai - 82. ... Respondents in all the C.R.Ps COMMON PRAYER:- These Civil Revision Petitions are filed under 1/5
Article 227 of the Constitution of India to issue direction by directing the Hon'ble I Assistant Judge, Wakf Tribunal, Chennai to dispose of the suit in O.S.Nos.107, 111, 108, 105 & 109 of 2018 as expeditiously as possible within a time frame of six months the date of order may be passed by this Hon'ble Court.
For Petitioners in all C.R.Ps. : Mr.K.Ilamparithi For Respondents in all C.R.Ps. : Ms.H.Yasmeen Ali for R1 to R3 COMMON ORDER These batch of Civil Revision Petitions seek for expeditious disposal of O.S.No.105, 107, 108, 109 & 111 of 2018. All these suits challenging the proceedings of the Executive Officer of Hazat Syed Hussain Sha Khadri Dargah & Mosque, Dimmasamy Dargah. The suits were originally presented as O.S.Nos.4881, 6084, 4871, 4884 and 4888 of 2010 on the file of the I - Additional City Civil Court, Chennai. 2.
Pursuant to the amendment made to the Waft Act, 1995, a Multi-member Tribunal was formed and consequently, these suits were transferred to Wakf Tribunal, Chennai.
3.
Heard Mr.K.Ilamparithi for the petitioners and 2/5
Ms.Yasmeen Ali, learned counsel for the respondents. 4.
Ms.Yasmeen Ali, would represent that these form a part of a batch of 22 suits in which she has taken out applications for rejection of plaint on the ground that it is premature. She states the matter have been posted for arguments on 01.09.2023. These suits having been pending for more than 13 years, I feel that it will be appropriate if a direction is given to the Wakf Tribunal, Chennai to dispose of the applications filed for rejection of plaint on or before 30.09.2023. If the applications go against the petitioners, the suits shall be disposed of on or before 31.03.2024.
5.
With the above directions, all the five Civil Revision Petitions are allowed.
22.08.2023 gba Index: Yes/ No Speaking order: Yes/ No 3/5
To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, 1, Jaffar Syrang Street, Vallal Seethakadhi Nagar, Chennai - 600 001.
2. The Executive Officer, Hazat Syed Hussain Sha Khadri Dargah & Mosque at Dimmasamy Dargah, Superintendent of Wakfs i/c North Zone, Chennai - 600 002.
V. LAKSHMINARAYANAN,J.
4/5
Gba C.R.P.Nos.3586, 3590, 3594, 3597 & 3612 of 2019 22.08.2023 5/5