Haja Mohideen.A v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.A.Haja Mohideen ... Petitioner Vs.

1.The Chief Executive Officer, TamilNadu Wakf Board, No.1, Jaffar Sirang Street, Vallal Seethakadhi Nagar, Chennai-600 001.

2.The Superintendent, Tamilnadu Wakf Board, Thanjavur, Thanjavur District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to extend the period of administration of the Pallivasal by the adhoc committee which same was granted vide proceedings issued by the first respondent in order No.6154/13/A7/Thanjai, dated 03.05.2021 for further period based on the petitioner's representation dated 11.08.2022. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.V.Chandrasekar Standing Counsel 1/5

ORDER

This writ petition has been filed seeking for a mandamus to direct the respondents herein to extend the period of administration of the Pallivasal by the adhoc committee which same was granted vide proceedings issued by the first respondent in order No.6154/13/A7/Thanjai, dated 03.05.2021 for further period based on the petitioner's representation dated 11.08.2022. 2.Mr.V.Chandrasekar, learned Standing Counsel takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The learned counsel appearing for the petitioner submitted that the petitioner and others have been appointed as interim measure to manage the Mohideen Andavargal Gramapalli Nirvaha Sabai for a period of one year from 17.02.2021 to 16.02.2022. But, they took charge only on 03.05.2021. The petitioner and others found that the erstwhile president of the Wakf Board, namely KEP Mohammed Ali had not handed over the records and documents to the present interim Committee. Even the bank accounts have been locked and it has been made inopearative and the collection of rent to be 2/5

deposited in the bank the bank operation is now stalled, which gives difficulty to the petitioner to collect, some more documents. In the mean while, the annual festival of the mosque is to be held shortly. Therefore, the continuation of the interim committee is imperative for smooth conduct of the festival and also regularize the functioning of Wakf. Hence, the present petition has been filed.

4.The learned Standing Counsel appearing for the respondents submitted that the petitioner's representation has been received by the first respondent. He further submitted that the first respondent so far no notification has been issued.

5.Considering the submission and perusal of the materials available on records, it is seen that the petitioner has already been appointed as interim committee to manage the Wakf and his properties. It is further seen that there is impending festival to be conducted.

6.In view of the same, it would be appropriate for the petitioner and interim committee to continue with the administration till completion of the festival and Wakf accounts to be regularised and verified. In any event, it is 3/5

for the Wakf Board to take a call on these aspect. The first respondent is directed to consider the petitioner's representation dated 11.08.2022 and take a decision and inform the same to the petitioner within a period of three weeks from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is disposed of. No costs. 02.09.2022 Index : Yes / No Internet : Yes/ No vsg 4/5

M.NIRMAL KUMAR, J.

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