2. The petitioners submit that the property bearing No.13,
Mosque Street, Poonamallee, Chennai measuring 1519 square feet
belongs to Poonamallee Big Mosque Wakf which was originally
leased out to one Mrs. Hameeda Bevi by the Poonamalle Big mosque
during the year 1973. After the demise of Hameeda Bevi, her
husband Mr. Mohammed yousuf had sub-let the said property to the
petitioners' father late Mr. Jagadeesan Naicker where he was
running a bakery shop in the name V.J. Bakery. It is the
contention of the petitioners that their father was unaware that
the property is wakf property. While so, on 03-05-2019, the then
President of Poonamalle Big Mosque issued notice to Hameeda
Beevi, Mohammed Yousuf and the petitioners father to pay the
arrears of rent from the period from 2008 and to handover the
vacant possession of the property to the Wakf within 7 days. The
petitioners father approached the Wakf Board and paid the
arrears of rent at the rate of Rs.1519/-, the security deposit
of Rs. 15190/- and Rs.3,98,000./- towards construction of mosque
for which proper receipt had been issued by the mosque
committee. Further, on 20-06-2019, new rental agreement was
executed in favour of the petitioners' father. Even during the
life time of the petitioner's father, he had given a No
Objection letter in favour of the fourth petitioner herein to
carry on the bakery business. While so, on 07.07.2019 the
petitioners' father passed away and the bakery business was
carried on by the petitioners. At this stage, the lease deed
expired on 19-05-2020 and the petitioners requested the
respondents to extend the lease in their favour. Even after
expiry of the lease, the petitioners have been paying the
monthly rent till 30.03.2021. While paying the rent, on
30.03.2021, the petitioners also submitted a representation for
extension for lease deed before the second respondent, but the
representation has not been considered and orders passed
thereon. Hence, the petitioners have filed the present writ
petition for the relief stated supra.
