M.Aariff, S/O.Mahaboob Khan, v. Tamil Nadu Wakf Board,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR and W.M.P.(MD)No.1274 of 2018 M.Aariff ... Petitioner Vs.
Tamil Nadu Wakf Board (Rep. By its Chief Executive Officer) Office No.1, Jaffar Sirank Street, Vallal Seethakathi Nagar, Chennai - 600 001.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 21.11.2017; pertaining to authorise the present ad-hock committee for administration of the wakf property in sikkander badhusha dharga on top on the hill Tiruparankundram and connected mask situated in Tiruparankundram Town, within time period stipulated by this Court and pass the order of the same on merits.
For Petitioner : Mr.S.A.S.Alaudeen For Respondent : Mr.S.A.Ajmalkhan, Standing Counsel.
O R D E R
Mr.S.A.S.Alaudeen, learned counsel on record for lone writ petitioner and Mr.S.A.Ajmalkhan, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of the lone respondent are before this Court. Mr.Ragul Priyan, learned counsel representing Mr.K.K.Samy, learned counsel on record for petitioner in W.M.P.(MD)No.1274 of 2018 (Implead petition) who is before this Court submits that the petitioner in W.M.P.(MD)No.1274 of 2018 is no more.
2. Notwithstanding the expansive prayer, learned counsel for writ petitioner submits that he abridges the prayer and it would suffice if there is a directive/mandamus to the lone respondent to dispose of writ petitioner's representation dated 21.11.2017 within a time frame.
3.To be noted, 21.11.2017 representation of the writ petitioner along with postal acknowledgment card as placed before this Court is as follows:
1/7
2/7
3/7
4/7
5/7
4. The implead petition does not survive and it is not necessary to dwell any further into the same owing to the narrow campus on which the matter now turns.
5. Learned Standing Counsel for Tamil Nadu Wakf Board, on instructions, submits that another writ petition viz., W.P.(MD) No.18364 of 2020 filed by one J.Sikkandar Batcha @ Althaf came to be disposed of by this Court by an order dated 22.02.2021 inter alia directing the parties to approach the Wakf Tribunal. The Waqf Tribunal Chennai is in seizin of the matter vide O.A.No.29 of 2021. This is recorded only for completion of facts and for capturing the trajectory of the hearing before me today.
6. Be that as it may, in the light of the abridged prayer, captioned writ petition is disposed of directing the lone respondent to dispose of writ petitioner's aforementioned representation dated 27.11.2017 on its own merits and in accordance with law as expeditiously as possible as the business of the lone respondent would permit and in any event within four weeks from today i.e., on or before 13.12.2021. The order / proceedings of the lone respondent disposing the aforementioned representation shall be communicated to the writ petitioner under due acknowledgment within seven working days from the date of disposal of the representation. 6/7
Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To The Chief Executive Officer, Tamil Nadu Wakf Board Office No.1, Jaffar Sirank Street, Vallal Seethakathi Nagar, Chennai - 600 001.
+1 CC to M/s.K.K. SAMY, Advocate (SR-34541[F] dated 16/11/2021) 15.11.2021 PS(CO) GC(26.11.2021) 7P 3C 7/7