M.S.A.Nijamudeen v. The Chief Executive Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10001 of 2018 M.S.A.Nijamudeen ... Petitioner Vs.

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Sarong Street, Seethakathi Nagar, Chennai 600 001.

2. The Wakf Superintendent, Madurai Range, Tamil Nadu Wakf Board, Town Hall Road, Madurai 625 001.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to pass orders on the enquiry conducted by the Wakf Inspector, as per the statement of the petitioner dated 04.12.2017 in accordance with law within a reasonable time, as may be fixed by this Court.

For Petitioner : Mr.M.Natarajan For R1- and R-2 : Mr.K.K.Senthil

O R D E R

The grievance of the petitioner is to direct the respondents to pass orders on the enquiry conducted by the Wakf Inspector, as per the statement of the petitioner dated 04.12.2017, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

2. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to pass final order as per the enquiry, on its own merits and take further https://hcservices.ecourts.gov.in/hcservices/

action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Sarong Street, Seethakathi Nagar, Chennai 600 001.

2. The Wakf Superintendent, Madurai Range, Tamil Nadu Wakf Board, Town Hall Road, Madurai 625 001.

+1CC to Mr.M.Natarajan, Advocate, SR.No.67649 W.P.(MD) No.10001 of 2018 11.06.2018 DAS/CP ES/SB/SAR 1/19.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/