Sakhla .N.M v. The Tamil Nadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI N.M.Sakhla ... Petitioner versus

1. The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

2. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

3. The Superintendent of Waqf, Ramanathapuram Division, Tamil Nadu Waqf Board, No.176-11, 1st Floort, Therpasayanam Road, Vellipattinam, Ramanathapuram District.

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4. The Inspector of Waqf, Ramanathapuram Division, Tamil Nadu Waqf Board, No.176-11, 1st Floor, Therpasayanam Road, Vellipattinam, Ramanathapuram District.

5. Raja Mohamed Razak

6. Sheik Mahadhoon

7. Kader Ibrahim Uthuman

8. Abdul Rahim

9. Hidyathulla Mohammed Hussain

10. M.Hyther Ali Ambalam (Respondents 5 to 10 are impleaded vide order dated 19.03.2024) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 to conduct enquiry and pass appropriate orders for registering of property of society registered under the Tamil Nadu Societies Registration Act in Document No.123 of 2014 dated 10.11.2014 on the file of the District Registrar, Karaikudi in the waqf register maintained by the 3rd respondent based on the petitioner's representation dated 17.01.2024 within a time frame stipulated by this 2/6

Court.

For Petitioner : Mr.H.Mahamed Hussain For R1 to R4 : Mr.G.Chandrasekar, Standing Counsel For R5 to R10 : Mr.Mahaboob Athiff

ORDER

The petitioner claims that he is the President of Limra Matriculation Higher Secondary School run by Limra Kalvi Kazhagam. This "Limra Kalvi Kazhagam" is a Society established with the contribution of people belonging to Muslim Community residing in that area. The Society was also registered under the Tamil Nadu Societies Act in the year 2014. The present Administrative Committee Members of the Society have now decided to register the School and the properties of the Society under the Waqf Act. Therefore, the petitioner has submitted an application on 17.01.2024 before the Waqf Board to register the School and the properties of the Society under the Waqf Act, as per Section 40 of the Waqf Act and also filed this writ petition for a Mandamus, directing the respondents 1 to 4 to conduct an 3/6

enquiry and pass appropriate orders for registering the properties of the Society under the Waqf Act.

2. This Court, by earlier order dated 12.02.2024 directed the petitioner to implead the Administrative Committee Members of the Society. Accordingly, the petitioner has also filed a Miscellaneous Petition in W.M.P.(MD)No.2893of 2024. Today, this Court has allowed the impleading application in W.M.P.(MD)No.2893of 2024 and the respondents 5 to 10, who are the present Administrative Committee Members of the Society, are impleaded as parties to the writ petitions.

3. Mr.G.Chandrasekar, learned Standing Counsel, takes notice for the respondents 1 to 4 and submits that the application of the petitioner would be considered within a reasonable time. 4/6

4. Considering the fact that the entire Administrative Committee Members have now decided to give the School and the properties of the Society to the Waqf Board and submitted an application on 17.01.2024 before the Waqf Board, the respondents 1 to 4 shall conduct an enquiry on the petitioner's application dated 17.01.2024 and take a decision as expeditiously as possible.

5. With the above direction, this writ petition is disposed of. No costs.

19.03.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

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