Kalilloor Rahman. A v. The Tamil Nadu Wakf Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Kalilloor Rahman ... Petitioner Vs.
1.The Tamil Nadu Wakf Board, Represented by its Chairman, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.
2.The Tamil Nadu Wakf Board, Represented by Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
3.The Superintendent of Wakfs, Tamil Nadu Wakf Board, Trichy, Door No.12, Kiledhar Road, Trichy.
4.Hazarath Nabi Sallalahi Alehi Vatsalam Wakf Represented by its Trustees, Door No.7, Jalal Kudhiri Street, Tiruchirappalli-620 008.
...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 to 1/5
consider and pass orders on Petitioner's representation, dated 17.02.2022 and to conduct election for the trusteeship of the 4th Respondent Wakf after following scheme decree dated 05.08.1954 passed by the Subordinate Court, Trichy in O.S.No.44 of 1952 more particularly within a time frame as may be stipulated by this Court.
For Petitioner : Mr.M.Karunanithi For R1 to R3 : Mr.S.A.Ajmal Khan Standing Counsel For R4 : No appearance
ORDER
This writ petition is filed praying for a writ of Mandamus directing the Respondents to consider and pass orders on Petitioner's representation, dated 17.02.2022 and to conduct election for the trusteeship of the 4th Respondent Wakf after following scheme decree dated 05.08.1954 passed by the Subordinate Court, Trichy in O.S.No.44 of 1952.
2. It is submitted by the learned counsel for the Petitioner that the Petitioner has filed a representation on 17.02.2022 to conduct election for trusteeship of the 4th Respondent Wakf.
3. It is submitted by the learned Standing Counsel for the Respondents 1 to 3 that there has been an amendment to the scheme decree in O.S.No.44 of 1952 on the file of the Subordinate Court, Trichy on the basis of the 2/5
Resolution No.134 of 2022, dated 13.07.2022.
4. It is submitted by both the learned counsels for the Petitioner and the Respondents that 2nd Respondent shall consider the request made by the Petitioner and pass orders in accordance with law within a period of eight weeks after taking into account the original scheme and the modification/amendment scheme.
5. In view of the above submission, the petitioner is directed to file fresh representation within a period of two weeks from the date of receipt of copy of this order. On receipt of such representation, the 2nd Respondent is directed to consider and pass orders on the same after taking into account the original scheme and the modification/amendment scheme within a period of eight weeks thereafter.
6. With the above direction, the writ petition stands disposed of. No costs.
17.11.2022 Index : Yes / No Internet : Yes/ No sn 3/5
To 1.The Chairman, The Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.
2.The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
3.The Superintendent of Wakfs, Tamil Nadu Wakf Board, Trichy, Door No.12, Kiledhar Road, Trichy.
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MOHAMMED SHAFFIQ, J.
sn 17.11.2022 5/5