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Madras High CourtWP(MD)/23728/2023disposed of

Meerakani. R v. The Chief Executive Officer

2023-10-03Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Meerakani, S/o.Resavu Mydeen President, Avuliya Meera Sahib Pallivasal Achanpudhur, Kadayanallur Taluk, Tenkasi District.

... Petitioner versus

1. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

2. The Superintendent of Waqf, Tamil Nadu Waqf Board, Tirunelveli Regional Office, Tirunelveli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1/4

respondents to approve the committee of the petitioner in terms of Section 42 of the Waqf Act, by considering the representation of the petitioner dated 03.08.2023.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.s.A.Ajmal Khan Standing Counsel

ORDER

This writ petition is filed for a Mandamus, directing the respondents to approve the committee of the petitioner in terms of Section 42 of the Waqf Act, by considering the representation of the petitioner dated 03.08.2023.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the petitioner has been elected as Mutawalli of the Waqf. Therefore, he submitted an application dated 03.08.2023 to the respondents to approve the change of management in terms of Section 42 of the Waqf Act. Since there was no response, the petitioner is before this Court. 2/4

3. The learned Standing Counsel for the Waqf Board, who takes notice for the respondents, requests for eight weeks time to consider the petitioner's application dated 03.08.2023.

4. Recording the submission of the learned Standing Counsel for the Waqf Board, this writ petition is disposed of, with a direction to the first respondent to take a decision on the petitioner's application dated 03.08.2023 filed under Section 42 of the Waqf Act, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

03.10.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

2. The Superintendent of Waqf, Tamil Nadu Waqf Board, Tirunelveli Regional Office, Tirunelveli.

03.10.2023 4/4