Kajah Maidheen .M v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Kajah Maidheen ... Petitioner versus The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakkathi Nagar, Chennai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent to enquire into the statutory application preferred by the petitioner under Section 65 r/w. 70 of Waqf Act, 1995 dated 30.05.2022 within the time stipulated by this Court.

For Petitioner : M/s.A.Balaji For Respondent : Mr.Chandrasekaran Standing Counsel

ORDER

This writ petition is filed for a Mandamus, directing the respondent to enquire into the statutory application preferred by the 1/4

petitioner under Section 65 r/w. 70 of Waqf Act, 1995, dated 30.05.2022 within a stipulated time.

2. Mr.A.Balaji, learned counsel appearing for the petitioner submits that the petitioner is the resident of Puthanatham Village and also a member of Puthanatham, Jumma Pallivasal Waqf, which is notified under Section 6 of the Waqf Act, 1995. Alleging certain allegations against the President (Muthavalli), he made a complaint dated 30.05.2022 to the respondent Waqf Board. As per Section 70 of the Waqf Act, the respondent is duty bound to conduct an enquiry on the complaint made by the petitioner. However, the same has not been considered by the respondent Waqf Board. Therefore, the petitioner has filed this writ petition.

3. Mr.Chandrasekaran, learned Standing Counsel appearing for the respondent Waqf Board submits that the complaint made by the petitioner dated 30.05.2022 has been received recently. According to 2/4

the respondent, an enquiry under Section 70 of Waqf Act, has to be conducted by the Board Members. Since the Board Members met only three days in a month, they require some time to conclude the enquiry. He further submits that the complaint of the petitioner would be disposed of within a period of twelve weeks.

4. In view of the submissions made by the learned Standing Counsel appearing for the respondent Waqf Board, the writ petition is disposed of, with a direction to the respondent to dispose of the petitioner's complaint dated 30.05.2022, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

22.06.2022 ogy Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakkathi Nagar, Chennai.

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