M.Khader Basha v. The Tamilnadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI M.Khader Basha ... Petitioner Vs.

1.The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakazhi Nagar, Mannady, Chennai - 600 001.

2.A.Noushad 3.E.Mohammed Ghouse 4.Laldesha Pallivasal Waqf,

100. Laldesha Pallivasal, Queide Millath Road, Tirunelveli Town.

... Respondents Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Tamil Nadu Waqf Tribunal, Chennai to dispose O.A.No.54 of 2021 within a time fixed by this Court. For Petitioner : Mr.T.Selvan For R1 : Mr.S.A.Ajmalkhan Page No. 1 of 4

O R D E R

This Civil Revision Petition has been filed by the petitioner for speedy disposal of O.A.No.54 of 2021 on the file of the Tamil Nadu Waqf Tribunal, Chennai.

2. Mr.S.A.Ajmalkhan takes notice for the first respondent Waqf Board. Since this Civil Revision Petition filed by the petitioner is only for speedy disposal of the O.A., notice for the others respondents is not required and is therefore dispensed with. Therefore, this case is taken up for final disposal.

3. According to the petitioner, O.A.No.54 of 2021 was filed by the petitioner under Section 83(2) & (3) of the Waqf Act, 1995 before the Tamil Nadu Waqf Tribunal, Chennai, to conduct enquiry and recover the fourth respondent's property under Section 52 of the Act and hand over the same to the fourth respondent and thereby declare that the second respondent is ineligible person under Section 64 of the Waqf Act, 1995.

4. It is submitted that the first respondent Waqf Board filed its counter affidavit on 20.07.2022 itself and the second and third respondents filed Statement as well as the Counter Claim. It is submitted that they are Page No. 2 of 4

prolonging the application without conducting the case and without considering the factual background, the learned Judge is adjourning the application without any reason from 2021 onwards. Therefore, the petitioner was constrained to approach this Court for speedy disposal of O.A.No.54 of 2021 on the file of the Tamil Nadu Waqf Tribunal, Chennai.

5. Considering the above facts and circumstances of the case, the learned Judge, Tamil Nadu Waqf Tribunal, Chennai is directed to dispose O.A.No.54 of 2021 filed by the petitioner on merits, without giving any unnecessary adjournments, expeditiously, within a period of 6 months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. No cost. 27.09.2023 Internet : Yes/No NCC : Yes/No jen To 1.The Judge, Tamil Nadu Waqf Tribunal, Chennai 2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

jen 27.09.2023 Page No. 4 of 4