Nazeer Ahamed v. The Chief Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.8344 and 8345 of 2025 1.Nazeer Ahamed 2.Jahir Hussain ... Petitioners -vs1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2.Inspector of Waqf (Trichy Zone), Tamil Nadu Waqf Board, Quad-E-Millath Road, Palakkarai, Trichy - 620 008.
3.The Superintendent of Waqf, Tamil Nadu Waqf Board, Quad-E-Millath Road, Palakkarai, Trichy - 620 008.
4.S.N.Shaik Abdulla, Ex.President, Mohideen Andavarperiya Pallivasal, Aavudaiyar Kovil Road, Aranthangi, Pudukkottai District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to approve the scheme submitted by the petitioners before the first respondent dated 22.01.2025. For Petitioners : Mr.R.Balakrishnan For R1 to R3 : Mr.K.Jeyamohan Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to approve the scheme submitted by the petitioners before the first respondent dated 22.01.2025.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the fourth respondent, notice to the fourth respondent is hereby dispensed with.
4. As the general body meetings have consistently failed to take place, particularly due to their cancellation and obstruction by the existing Committee,
the petitioners along with three others, submitted a scheme to the first respondent under Section 69 of the Waqf Act, 1995, for the administration of Mohideen Andavar Periya Pallivasal. The scheme was submitted on 22.01.2025 and was duly received by the first respondent. As the scheme has not been considered till date, the petitioner has filed the present Writ Petition.
5. Mr.K.Jeyamohan, learned Standing Counsel appearing for the respondents 1 to 3 submits that the petitioners' case will be considered by the first respondent within a period of three months from the date of receipt of a copy of this order.
6. Recording the above said submission, there shall be a direction to the first respondent herein to consider the petitioners' case, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners as well as to the fourth respondent, within a period of three months 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 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.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 22.04.2025 Index : Yes / No (2/2) smn2 To:- 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2.Inspector of Waqf (Trichy Zone), Tamil Nadu Waqf Board, Quad-E-Millath Road, Palakkarai, Trichy - 620 008.
3.The Superintendent of Waqf, Tamil Nadu Waqf Board, Quad-E-Millath Road, Palakkarai, Trichy - 620 008.
VIVEK KUMAR SINGH , J.
smn2 22.04.2025 (2/2)