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Madras High CourtWP(MD)/14871/2025disposed of

Sheik Mohideen v. The Tamil Nadu Waqf Board

2025-06-02Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.14871 of 2025 Sheik Mohideen ... Petitioner Vs.

The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider and pass final orders on the petitioner's representation, dated 04.04.2025 seeking to update and modify the entries regarding the property details of the Hazrath Nabi Sallalahu Alahi Vasallam Fathiah Waqf, Trichy within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.D.S.Haroon Rasheed Standing Counsel 1/5

ORDER

This writ petition has been filed for writ of Mandamus directing the respondent to consider and pass final orders on the petitioner's representation, dated 04.04.2025 seeking to update and modify the entries regarding the property details of the Hazrath Nabi Sallalahu Alahi Vasallam Fathiah Waqf, Trichy.

2.The petitioner is a trustee of Hazrath Nabi Sallalahu Alahi Vasallam Fathiah Waqf. It is the case of the petitioner that in the proforma report, at the time of notification of the aforesaid waqf, the survey numbers in respect of the properties were as per the survey numbers that prevailed at that point of time. It is submitted that the aforesaid survey numbers given in the proforma report have been altered and therefore, proforma report also has to be altered with the new survey numbers. It is the further case of the petitioner that the Thasildar was also asked to give a report as to the new survey numbers in respect of the survey numbers in the proforma report, which has also been furnished by the Thasildar. However, till date, the survey numbers in the proforma report has not been altered by the respondent board. 2/5

3.The learned Standing Counsel for the respondent board would submit that at the behest of one tenant namely, S.H.Abdul Samath, W.O.A.No.63 of 2020 is pending. In this connection, the learned counsel for the respondent has also produced the copy of the order passed by this Court in CRP(MD) (PD)No.594 of 2021, dated 09.01.2025, wherein, the Muthawalli of the said waqf had filed applications to strike off the W.O.A.No.63 of 2020. It is submitted that the change in the survey numbers in the proforma report will be made subject to the final outcome of W.O.A.No.63 of 2020. 4.I have considered the arguments advanced by the learned counsel for the petitioner and the learned Standing Counsel for the respondent. 5.In my view, the pendency of W.O.A.No.63 of 2020 at the behest of S.H.

Abdul Samath is of no significance or relevance as far as the change in the survey numbers in the proforma report of the aforesaid waqf, as the said exercise will be only to update the survey numbers, which is currently in respect of the properties of the said waqf. Therefore, the writ petition is disposed of by directing the respondent to pass appropriate orders on merits on the representation of the petitioner, dated 04.04.

possible preferably within a period of six weeks from the date of receipt of a copy of this order. In fact, as per W.O.A.No.63 of 2020 changes in the survey numbers may be incorporated to update the survey numbers in the proforma report. No costs.

02.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

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C.SARAVANAN, J.

sn W.P(MD).No.14871 of 2025 02.06.2025 5/5