Soukath Ali v. Tamil Nadu Wakq Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Soukath Ali ... Petitioner Vs.

1.The Tamil Nadu Wakf Board, Represented by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.

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

3.The Superintendent of Wakf, 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, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct enquiry on the basis of petitioner's representations dated 23.04.2023 and 24.07.2023 for complaining of misconduct on the part of the fourth respondent and misapproriation of fraudulent dealing with the property of Wakf in terms of Section

64(1) (k) of Wakf Act and initiate the criminal prosecution to impose penalty and punishment in terms of Section 52-A of the Wakf Act 1995. For Petitioner : Mr.D.Roja Ramani For R-1 to R-3 : Mr.G.Chandrasekar For R-4 : Mr.J.Sulthan Basha

ORDER

This Writ Petition is filed for Mandamus, directing the respondents 1 to 3 to conduct enquiry on the basis of petitioner's representations dated 23.04.2023 and 24.07.2023 for complaining of misconduct on the part of the fourth respondent and misapproriation of fraudulent dealing with the Wakf property of Wakf.

2. This Court, without going into the merits of the case, is directing the first respondent to consider the petitioner's representation dated 23.04.2023 and 24.07.2023, after affording an opportunity of personal hearing to the petitioner as well as to the fourth respondent, by issuing notice to them. Thereafter, the first respondent shall consider and pass speaking order. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

24.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.

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

3.The Superintendent of Wakf, Trichy Zone, No.8/124, Kayeethemillath Salai, Palakarai, Trichy - 8.

S.SRIMATHY, J.

Nsr 24.08.2023