Haji M.Nainar Mohamed, v. The Tamil Nadu Waqf Board,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Haji.M.Nainar Mohamed ... Petitioner/ Applicant Vs.

1. The Tamil Nadu Waqf Board represented by its Chairman No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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

3. The Managing Committee represented by its President, Haji.M.Sarbudeen, Peraiyur Jumma Pallivasal, Peraiyur Post and Taluk, Madurai District - 625 703.

... Respondents/ Respondents 1/6

Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the lower Court for expeditious disposal of petition in O.A.No.50 of 2023 pending before the Tamil Nadu Waqf Tribunal, Chennai within a stipulated time.

For Petitioner : Mr.M.Saravanan For R1 & R2 : Mr.G.Chandrasekaran

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in O.A.No.50 of 2023 pending on the file of the Tamil Nadu Waqf Tribunal, Chennai, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondents 1 and 2.

3. The revision petitioner has filed an application in O.A.No.50 of 2023 challenging the resolution passed by the first respondent dated 30.03.2022 in Item No.50 of 2022 vide Na.Ka.No.4042/14/AA8/Madurai and the consequential proceedings of the second respondent in Na.Ka.No. 4042/14/AA8/Madurai dated 29.03.2023.

2/6

4. The learned counsel appearing for the revision petitioner would submit that the impugned order is time bound and the correctness of the order should be tested in the eye of law within that time bound otherwise, it become infructuous, that the above application requires speedy disposal to ensure equity under Section 84 of the Waqf Act, that the third respondent is continuously involving in illegal act of violating the condition of the Tamil Nadu Waqf Board and that therefore, the trial has to be expedited.

5. The learned counsel appearing for the respondents 1 and 2 would submit that they will co-operate for the earlier disposal of the case and eight months time may be fixed for the disposal of the case.

6. At this juncture, the learned counsel appearing for the revision petitioner would submit that the Tribunal may be directed to dispose of the case within three months.

7. Considering the submissions made on either side and the nature of the dispute, the Tamil Nadu Waqf Tribunal, Chennai is directed to 3/6

dispose the application in O.A.No.50 of 2023 within a period of six months from the date of receipt of copy of this order.

8. With the above direction, the Civil Revision Petition is allowed. No costs.

12.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Tamil Nadu Waqf Tribunal, Chennai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

4/6

5/6

K.MURALI SHANKAR ,J.

csm Order made in Dated : 12.10.2023 6/6