Baseer Ahamed.K v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD) No.5972 of 2024 K.Baseer Ahamed ... Petitioner Vs.
1.The Principal Secretary, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai-1.
2.The Superintendent, Tamil Nadu Wakf Board Office, Near Kadar AvuliyaPallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli-627 002.
3.The Wakf Board Inspector, Tamil Nadu Wakf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli-627 002.
... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner herein as Mutawalli of the Saday Fakker Lalaminah Pallivasal, Palayapettai, Kandiaberi Village, Tirunelveli, based on the petitioner's representation dated 21.08.2023. For Petitioner : Mr.D.Deepamathi For Respondents : Mr.K.Jeyamohan Standing Counsel
ORDER
The petitioner claims that Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli, is a registered wakf under the Tamil Nadu Wakf board. His grandfather was the Mutawalli of the said Pallivasal, followed by his father and also by his elder brother. Due to some reasons, the respondents have taken action against the petitioner's brother, the present Mutawalli. He was removed and the
Mutawalli post is vacant. Therefore, the petitioner has applied for appointment as Mutawalli of the said Pallivasal. He is having a right of appointment as Mutawalli. However, the petitioner's application was not considered till date. Therefore, the present writ petition has been filed by this petitioner seeking mandamus to appoint him as Mutawalli of Saday Fakkeer Lalaminh Pallivasal.
2. Mr.K.Jeyamohan, learned Standing Counsel takes notice for the respondents and submits that apart from this petitioner, four other persons have made applications for Mutawalli post and all these applications were placed before the Board on 13.02.2024. He would further submit that the petitioner's application is also under consideration and decision has not been taken by the Board in view of the Ramadan period and appropriate decision would be taken within a period of two months.
3. Considering the submissions made by the learned standing counsel for the respondents, this Writ Petition is disposed of with a direction to the respondents to take a decision on the application filed by
the petitioner within a period of two months from the date receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
15.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Principal Secretary, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai-1.
2.The Superintendent, Tamil Nadu Wakf Board Office, Near Kadar AvuliyaPallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli-627 002.
3.The Wakf Board Inspector, Tamil Nadu Wakf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli-627 002.
B.PUGALENDHI,J
cp W.P.(MD)No.6374 of 2017 Dated: 15.03.2024