Mohamed Abdul Kadhar.A v. The Chair Person

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR A.Mohamed Abdul Kadhar ... Petitioner Vs.

1.The Chairperson, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.S.Abdul Kapoor 4.S.Sugarno President, Malick Dinar Baithulmal, Arippu Street, Kottar, Nagercoil.

...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 1 and 2 to take appropriate action on the representation of the petitioner, dated 01.08.2022.

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For Petitioner : Mr.S.Ramasamy For R1 & R2 : Mr.D.S.Haroon Rasheed Standing Counsel

ORDER

The petitioner filed this petition for a writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation, dated 01.08.2022.

2. The contention of the petitioner is that the petitioner made a specific allegation against the respondents 3 and 4 for mis-appropriating the wakf properties and further bank transactions have been used for their personal benefit between the year November 2013 and October 2016. The petitioner had also given particulars about how the mis-appropriation was committed. The petitioner gave a representation on 01.08.2022, which has been received by the Wakf authorities on 03.08.2022, but no action taken. Hence, filed this writ petition.

3. The learned Standing Counsel for the respondents 1 and 2 submits that the petitioner's representation, dated 01.08.2022 would be considered and proper action would be taken against the wrong doers. The complaint of the 2/5

petitioner is that the respondents 3 and 4 have mis-appropriated the Wakf properties and in bank transactions. The notice will be issued to the respondents 3 and 4 as well as to the petitioner, documents collected, enquiry would be conducted and thereafter, the same would be disposed of based on the merits. If any mis-appropriation found against the respondents 3 and 4, appropriate action will be taken.

4. In view of the submission, the second respondent is directed to conduct an enquiry, give an opportunity of personal hearing and thereafter, consider and dispose the petitioner's representation, dated 01.08.2022 within a period of three months from the date of receipt of copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs.

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To 1.The Chairperson, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

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M.NIRMAL KUMAR, J.

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