Jaker Usan v. The Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Jaker Usan

...Petitioner

Vs The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffar Sirang Street, Vallal Seethakathai Nagar, Chennai - 600 001.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 20.08.2024. For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondent : Mr.K.Jeyamohan Standing Counsel

O R D E R

Heard Mr.M.Dinesh Hari Sudarsan, learned counsel for the petitioner and Mr.K.Jeyamohan, learned Standing Counsel for the respondent.

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2. The Writ Petition is filed praying for a Mandamus, directing the respondent to consider the petitioner's representation dated 20.08.2024.

3. When the matter was taken up for hearing, it was brought to the notice of this Court that in the earlier round of writ petition filed challenging the appointment of one Syed Maideen, who is the brother of the petitioner, as Mutawalli of the Wakf by the third party. This Court considering that the appointment was made without giving opportunity to the rival parties had set aside the appointment and directed the Wakf Board to appoint Mutawalli after considering the claims made by the respective interested persons. The present Writ Petition is also to consider the claim of the petitioner for appointment of Mutawalli in Kwaja Banthenavaj Avuliya Durga.

4. In such view of the matter, this Court is of the view that a direction can be issued to the respondent herein to comply with the direction given by this Court made in W.P.(MD)No.8302 of 2023 dated 14.08.2023. In such exercise, the respondent shall also consider the 2/4

claims made by the rival parties and make appointment as per the proforma of the Wakf. Such exercise shall be completed by the respondent within a period of twelve weeks from the date of receipt of a copy of this order.

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

22.01.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffar Sirang Street, Vallal Seethakathai Nagar, Chennai - 600 001.

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K.KUMARESH BABU , J.

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