S.Sahul Hameed v. The Tamil Nadu Wakf Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.1925 of 2017 S.Sahul Hameed ... Petitioner vs.
1. The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, Jaffar Syrang Street, Chennai.
2. The Superintendent of Wakfs, No.12, Kiledar Street, Tiruchirapalli.
... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to prevent any unlawful constructions in the properties of Hazarath Nabi Sallallahu Allaihuvasalam Fathiya Wakf, Trichy, without obtaining prior permission from the 1st and 2nd respondents by considering the petitioner's representation dated 16.01.2017 within the time that may be stipulated by this Hon'ble Court. For Petitioner : Ms.T.K.Akalya for M/s.Ajmal Associates For Respondents : Mr.B.Mohamed Idrish for R1
ORDER
The petitioner, who is a member of Hazarath Nabi Sallallahu Allaihuvasalam Fathiya Wakf, Trichy, had given a representation to the first respondent on 16.01.2017, stating that one of the lessees is illegally putting up a construction in Door No.97/4, Best Kollam Pattarai, Kupangulam, Madurai Road, Trichy. According to the petitioner, the said construction is in violation of provisions of the Tamil Nadu Town and Country Planning Act, 1971. Hence, he has made the above said representation, which has not been considered by the first respondent till date. Hence, the petitioner has come forward with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/
2. In view of the limited scope of the prayer sought for in this writ petition and without going into the merits of the averments made by the petitioner in his representation, there shall be a direction to the first respondent to consider the petitioner's representation dated 16.01.2017, on its own merits and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands allowed. No Costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To
1. The Chief Executive Officer, Tamil Nadu Wakf Board, Jaffar Syrang Street, Chennai.
2.The Superintendent of Wakfs, No.12, Kiledar Street, Tiruchirapalli.
+1 cc to MR.B.MOHAMED IDRISH, Advocate SR.No.6086 +1 cc to M/S.AJMAL ASSOCIATES, Advocate SR.No.6241 W.P.(MD)No.1925 of 2017 03.02.2017 SMA/SV-MMS/21.02.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/