Abdul Kareem.M.M.R v. The Tamilnadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Eighth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in WP(MD)No.9431 of 2023 Abdul Kareem.M.M.R ... Petitioner/Petitioner Vs 1 The Tamilnadu Waqf Board, Rep. by its Chairman, No. 1 Jaffar Syrang Street, Vallal Seedhakathi Nagar, Chennai.

2 The Chief Executive Officer Tamilnadu Wakf Board, No. 1 Jaffar Syrang Street, Vallalseedhakathi Nagar, Chennai.

3 Halibullah .H ... Respondents/Respondents Prayer :- Writ miscellaneous petition filed Under article 226 of the Constitution of India to clarify the order made in WP (MD) No.9431 of 2023 dated 06.07.2023, by permitting the petitioner and other members of the advisory committee constituted by the board vide its proceedings in SE.MU. No.15957/2000/A8/Madurai dated 1/4

30.11.2023 to continue with the retrieval of the illegally alienated properties of the waqf and to administer the same till the waqf is in direct management of the 1st respondent board.

Prayer in WP(MD). 9431/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India,praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order made by the 1st respondent in proceedings no. 15957/2000/A8/Madurai dated 29.03.2023 and quash the same as illegal. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. Mahaboob Athiff, Advocate for the Petitioner and of M/s. D S Haroon Rasheed, Advocate For R1 & R2, and H.Jasima Yasmin, Advocate for M/s.Ajmal Associates for the 3rd respondent, this Court made the following order: "This Court has already passed an order that the Adhoc Committee period will not be extended and the Wakf Board has also not extended the time for the Adhoc Committee. After the period of the Adhoc Committee is over, the Wakf Board has taken over the management and had brought the Wakf under its direct management. The Wakf Inspector was also appointed 2/4

as Executive Officer through Order, dated 29.03.2023 for the direct management of the wakf. The Wakf Inspector is assisted by Interim Committee consisting of team of members. The allegation of the respondent is that the same Adhoc Committee members are appointed to assist the Wakf Inspector under the guise of appointing Interim Committee and it is nothing but continuation of Adhoc Committee. Thereafter the petitioner and the respondents had put forth serval arguments." Sd/- Assistant Registrar( C.O ) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO 1 The Chairman, No. 1 Jaffar Syrang Street, Vallal Seedhakathi Nagar, Chennai.

2 The Chief Executive Officer Tamilnadu Wakf Board, No. 1 Jaffar Syrang Street, Vallalseedhakathi Nagar, Chennai.

3/4

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.Ajmal Associates, Sr.8215.

ORDER DATED : 28/02/2024 ==========================

ORDER

========================== in WP(MD)No.9431 of 2023 SI-(11.03.2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4