Madras High CourtWP(MD)/8010/2017dismissed

A.Abdul Kader Jailani v. Tamil Nadu Wakf Board

2017-04-26Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8010 of 2017 A.Abdul Kader Jailani ..Petitioner Vs 1.Tamil Nadu Wakf Board (Rep. by its Chief Executive Officer), Office No.1, Jaffar Sirank Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent, Tamil Nadu Wakf Board, Tanjavur Zone, No.27, Neethi Nagar, Divan Street, Court Road, Tanjavur.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider petitioner representation dated 30.09.2015 pertaining to identify the wakf properties of Hasansha Thaikkal (Darga) as well as Chanda Hussain Thaikkal (Darga) reg with them G.S.No.385/Tnj and G.S.No.495/Tnj and protecting the same by fencing within time period stipulated by this Hon'ble court.

For Petitioner :Mr.S.A.S.Alaudeen For Respondents :Mr.K.K.Senthil Standing Counsel

ORDER

The petitioner has approached this Court seeking a direction to the 1st respondent to consider petitioner's representation dated 30.09.2015 regarding identification of the wakf properties of Hasansha Thaikkal (Darga) as well as Chanda Hussain Thaikkal (Darga) registered with them in G.S.No.385/Tnj and G.S.No.495/Tnj and to protect the same by fencing it within a time frame. https://hcservices.ecourts.gov.in/hcservices/

2.Upon notice, Mr.K.K.Senthil, the learned Standing Counsel for the respondents entered appearance and according to him, in response to the petitioner's representation dated 30.09.2015, a communication was issued to him stating that the matter has been referred to the Superintendent of Tamil Nadu Wakf Board for his report and and on receipt of report further action would be taken in the matter. He would also submit that a similar prayer has been raised in W.O.P. No.13 of 2007 before the Wakf Tribunal, Tanjavur and according to him, the petitioner can adjudicate his grievance in the said petition.

3.In view of the submissions made by the learned Standing Counsel appearing for the respondents, I do not think the present Writ Petition can be maintained. Hence, this Writ Petition is dismissed. There shall be no order as to costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Chief Executive Officer, Tamil Nadu Wakf Board Office No.1, Jaffar Sirank Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent, Tamil Nadu Wakf Board, Tanjavur Zone, No.27, Neethi Nagar, Divan Street, Court Road, Tanjavur.

+1cc to M/s.S.A.S.Alaudeen, Advocate, Sr No.54217 +1cc to M/s.K.K.Senthil,Advocate, Sr No.54789 W.P(MD)No.8010 of 2017 26.04.2017 SJ MS/BS/SAR-4/10.05.2017/2P.5C https://hcservices.ecourts.gov.in/hcservices/