Mohamed Iqbal. M v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Mohamed Iqbal ... Petitioner Vs.

The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi 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 conduct an enquiry and dispose the Petitioner's representation, dated 19.05.2021 within a time period stipulated by this Court. For Petitioner : Mr.C.Thamotharakannan For Respondent : Mr.N.Mohideen Basha Standing Counsel

ORDER

This Writ Petition has been filed praying for a writ of Mandamus to direct the Respondent to conduct an enquiry and dispose the Petitioner's representation, dated 19.05.2021.

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2. Mr.N.Mohideen Basha, learned Standing Counsel takes notice for the Respondent.

3. It is submitted by the learned counsel for the Petitioner that Petitioner belongs to Mohaideen Andavar Periyapallivasal Jamath, Valuthoor Taluk, Papanasam Taluk, Thanjavur District. The Petitioner obtained the Audit Report of the said Pallivasal under Right to Information Act, 2005. It is further submitted that the Election Officer of the said Pallivasal is colluding with a section of the Jamathars and intends to misappropriate the property of the Pallivasal. Hence, the Petitioner had submitted a representation on 19.05.2021 before the Respondent requesting to conduct an enquiry regarding the auditing and to take necessary action, if misappropriation is found. However, no orders has been passed on the said representation.

4. It is submitted by the learned Standing Counsel for the Respondent that the representation of the Petitioner, dated 19.05.2021 would be considered and orders passed thereon in accordance with law. 2/5

5. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

6. In view of the above submission and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the Respondent herein to consider the Petitioner's representation dated 19.05.2021, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the Respondent to consider the representation on its own merits.

7. With the above direction, the Writ Petition stands disposed of. No costs.

03.11.2022 Index : Yes / No Internet : Yes/ No sn 3/5

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

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MOHAMMED SHAFFIQ, J.

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