M. Mohamed Masnoor Hallaj v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Mohamed Mansoor Hallaj : Petitioner Vs.

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

2. The Superintendent of Waqf, O/o.The Superintendent of Waqf, Neethi Nagar, Court Road, Thanjavur.

3. The Inspector of Waqf, O/o.The Inspector of Waqf, Neethi Nagar, Court Road, Thanjavur.

4. The Mohaideen Andavar Periya, Pallivasal, Represented Through its Authorized Person, Chinnatheru, Valuthoor, Papanasam Taluk, Thanjavur District - 614 210.

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5. The Haleema Pallivasal, Represented Through its Authorized Person, Mela Valuthoor, Papanasam Taluk, Thanjavur District - 614 210.

6. The Sheik Mohamed Dharga Pal, Livasal, Represented Through its Authorized Person, Valuthoor, Papanasam Taluk, Thanjavur District - 614 210.

7. The Ameena Pallivasal, Represented Through its Authorized Person, Umar Street, Valuthoor, Papanasam Taluk, Thanjavur District - 614 210.

8. The Madarsha Pallivasal, Represented Through its Authorized Person, Keezhavaluthur, Papanasam Taluk, Thanjavur District - 614 210.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 3 to consider the petitioners representation dated 14.01.2025 for delimitating the streets for the Respondent Nos.4, 6 to 8 mosques by registering under the Respondent No.1 within a time period. For Petitioner : Mr.A.Abdulkabur For Respondents : Mr.D.S.Haroon Rasheed for R1 to R3 2/6

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to consider the petitioner's representation dated 14.01.2025 for delimitating the streets for the respondents.4, 6 to 8 by registering under the first respondent.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 to 8 is dispensed with.

3. The petitioner's case is that he belongs to the fourth respondent Jamath. There are five Jumma Mosques located in Thanjavur District. Of these five mosques, three are registered under Wakf administration, while the remaining two have not yet been registered with the first respondent. In this regard, the petitioner submitted a representation on 14.01.2025, requesting the first respondent to register the respondents 7 and 8 for better administration. However, this request 3/6

has not been addressed till date. Left with no other recourse, the petitioner has filed the present writ petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 14.01.2025 and pass appropriate orders solely on its own merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its 4/6

views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 18.03.2025 Index : Yes / No Internet : Yes / No PKN To

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

2. The Superintendent of Waqf, O/o.The Superintendent of Waqf, Neethi Nagar, Court Road, Thanjavur.

3. The Inspector of Waqf, O/o.The Inspector of Waqf, Neethi Nagar, Court Road, Thanjavur.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7215 of 2025 18.03.2025 6/6