Madras High CourtWP(MD)/10402/2022disposed of

Akkeem.M v. Tamil Nadu Wakf Board

2022-05-27Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR A.Akkeem ... Petitioner -Vs1. Tamil Nadu Wakf Board, Represented by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Executive Officer, Jumma Periya Pallivasal Wakf, Batlagundu, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to conduct public auction for determination of tenants for five shops belongs to Jumma Periya Pallivasal Wakf (G.S.No.236/Madurai), based on the petitioner Wakf petition dated 16.04.2022.

For Petitioner : Mr.P.Rajasimman For Respondents : Mr.S.A.Ajmal Khan Standing counsel

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the first respondent to conduct public auction for determination of tenants for five shops belongs to Jumma Periya Pallivasal Wakf (G.S.No.236/Madurai), based on the petitioner Wakf petition dated 16.04.2022.

2. The petitioner had filed a petition on 16.04.2022 to the respondent Tamil Nadu Wakf Board, to conduct public auction for determination of tenants for five shops belongs to Jumma Periya Pallivasal Wakf, Batlagundu, Dindigul District. Since the said petition had not been considered, he has approached this Court by filing the present Writ Petition.

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3. Heard Mr.P.Rajasimman, learned counsel appearing for the petitioner and Mr.S.A.Ajmal Khan, learned Standing Counsel appearing for the respondents Wakf Board.

4. The learned Standing Counsel appearing for the respondents submits that the petition filed by the petitioner to the Board would be forwarded to the Chief Executive Officer shortly who would take a decision as claimed by the petitioner on merits within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Standing Counsel appearing for the respondents and taking into account the innocuous nature of the prayer made in this Writ Petition, this Court is inclined to dispose of this Writ Petition with the following directions:

"That there shall be a direction to the respondents to consider the petition filed by the petitioner dated 16.04.2022 and in this process, if the Board wants to forward it to the Chief Executive Officer of the Board, that can also be undertaken shortly and on receipt of such petition, the Chief Executive Officer shall consider and pass orders on the petition filed by the petitioner on merits within a period of eight weeks from the date of receipt of a copy of this order."

6. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Vacation Officer/ Assistant Registrar // True Copy // 28/05/2022 Sub Assistant Registrar(CS) vji / pm To

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

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2. The Executive Officer, Jumma Periya Pallivasal Wakf, Batlagundu, Dindigul District.

+2 CC to M/s.A.P. RAJASIMMAN, Advocate ( SR-24167[F] dated 27/05/2022 ) 27.05.2022 ck(CO) TR(28.05.2022) 3P 5C 3/3