Soukath Ali v. Tamil Nadu Waqf Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Soukath Ali ... Petitioner vs.
1.Tamil Nadu Waqf Board, represented by its Chairman, No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 1.
2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 1.
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3.The Superintendent of Waqf, Trichy Zone, No.8/124, Kayeethemillath Salai, Palakarai, Trichy - 8.
4.Syed Salavudeen ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to conduct enquiry on the basis of petitioner's representation, dated 24.04.2023, complaining of misconduct on the part of the 4th respondent for misappropriation of fraudulent dealing with the property of Waqf in terms of Section 64(1)(k) of Waqf Act and initiate the criminal prosecution to impose penalty and punishment in terms of Sec.52-A of the Waqf Act, 1995.
For Petitioner : Mr.D.Roja Ramani For R1 to R3 : Mr.S.A.Ajmal Khan For R4 : Mr.B.Fazil Kirmani for Mr.J.Sulthan Basha ***** 2/5
O R D E R
This writ petition is filed for issuance of Writ of Mandamus, to direct the respondents to conduct enquiry on the basis of petitioner's representation, dated 24.04.2023, complaining of misconduct on the part of the 4th respondent for misappropriation of fraudulent dealing with the property of Waqf in terms of Section 64(1)(k) of Waqf Act and initiate the criminal prosecution to impose penalty and punishment in terms of Sec.52-A of the Waqf Act, 1995.
2.The petitioner has submitted a representation to the Hon'ble Minister of Minorities Welfare. But the petitioner has not submitted any authority. Writ of Mandamus can be issued against the authorities and not against a minister.
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3. Hence, the writ petition is dismissed with a liberty to file proper petition as per law. No costs.
Index : Yes / No 24.07.2023 Internet : Yes NCC : Yes / No Tmg 4/5
S.SRIMATHY, J Tmg 24.07.2023 5/5