S.A.S.Ibrahim v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.5481 and 5482 of 2023 1.S.A.S.Ibrahim 2.Syedgulam Dastagir Hussaini 3.Mohamed Syed Bahavudeen 4.Shamir Hussain Fakrudeen Ibrahim 5.S.A.K.Ibrahim .. Petitioners Vs.

1.The Secretary, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariat, Chennai-600 009.

2.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

4.The Superintendent of Wakf, No.1, Town Hall Road, Madurai.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari to call for the entire records pertaining to the impugned communications of the 3rd respondent in Rc.No.13575/02/B8/MDU dated 24.02.2023 and 08.03.2023 meant for framing a scheme with regard to the administration of Kazimar Periya Pallivasal, Madurai and its properties situated at Madurai District and quash the same.

For Petitioner :

Mr.R.Anand For R1 :

Mr.J.John Rajadurai Government Advocate For RR2 to 4 :

Mr.D.S.Haroon Rasheed Standing Counsel

ORDER

This writ petition is covered by the order of this Court dated 10.03.2023 in W.P.(MD) No.5190 of 2023. Therefore, this Court allows this Writ Petition with the following directions: i. The respondent Board shall not display the Draft Scheme; ii. The respondent Board shall invite suggestions from the interested parties and members of the concerned Waqf to submit their suggestions for drafting a scheme.

iii. The suggestions shall reach the Board on or before 03.04.2023 and thereafter, the Board shall issue notice calling for personal enquiry on 28.04.2023 to consider their suggestions and formulate a scheme; and iv. The Board shall thereafter, issue a fresh notice containing its directions to all the concerned parties.

2.The impugned proceedings of the third respondent in Rc.No. 13575/02/B8/MDU dated 24.02.2023 is hereby set aside. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

20.03.2023 (2/2) Note: Issue order copy on 24.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Secretary, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariat, Chennai-600 009.

2.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

4.The Superintendent of Wakf, No.1, Town Hall Road, Madurai.

Dated: 20.03.2023 (2/2)