Dismissed

A.Ayub Khan v. The Collector

Madras HC1 Jun 2023WP/13270/2023

Case brief

AI extract

What is this about?

The High Court held that the District Collector has no jurisdiction to redress the petitioner's grievance regarding the non-receipt of sandha fees, characterizing it as a dispute between the petitioner and the Waqf board under the Waqf Act, 1995, and disposed of the writ petition without costs.

What did the court decide?

No further orders can be passed; the petitioner must approach the Waqf Board or the Tribunal.

A.Ayub Khan Vs The Collector — Constitutional and Fundamental Rights | Madras HC (2023)

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Writ Petition No.13270 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No. 13270 of 2023

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A.Ayub Khan S/o.S.H.Ameer Khan

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...Petitioner

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The Collector, District Collector Office, Kancheepuram – 631 501.

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The President,

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Big Kancheepuram Sunnath Jamath Jumma Masjid, No.22, Salai Street, Kancheepuram – 631 502.

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first respondent to consider and conduct the enquiry based on the representation dated 14.12.2022.

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For Petitioner : Mr.M.M.I.Khaleel

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For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

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O R D E R

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13270 of 2023

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This writ petition has been filed for issuance of a writ of mandamus directing the District Collector to consider the representation made by the petitioner on 14.12.2022 wherein the petitioner has complained that the second respondent is refusing to receive the sandha (fees) and as a result, the petitioner has been put to hardship and non-receipt of the sandha has virtually resulted in social boycott of the petitioner, which has its own consequences.

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Heard Mr.M.I.Khaleel, learned counsel for petitioner and

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Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for respondents.

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3. It is seen from records that the petitioner was originally functioning as Muthawalli of the second respondent Waqf. He was removed from the said position and aggrieved by the same, the petitioner has filed an application before the Tribunal, which is pending in O.A.No.360 of 2019. The petitioner is also one of the Jamath in the second respondent Waqf. Hence, according to the petitioner, even if he does not function as the

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13270 of 2023

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Muthawalli, he is entitled to pay the sandha in his capacity as Jamath. If the sandha is not received from the petitioner, according to the petitioner, he will

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not be allowed to vote and contest the election and he will also not able to conduct any marriage or do last rites. A representation was made by the petitioner in this regard to the first respondent. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

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4. In the considered view of this Court, the District Collector will not have any role to play in redressing the nature of grievance that has been expressed by the petitioner. It is a dispute between the petitioner and the second respondent Waqf. There is a self-contained code viz ., The Waqf Act, 1995 and the rules framed thereunder. The petitioner has to necessarily trace his right under that code and seek for redressal before the concerned authority. If the sandha is not received from the petitioner, that will not amount to a social boycott and at the best, it can only be viewed as a dispute between the petitioner and the second respondent Waqf. Therefore, the District Collector cannot redress this grievance and probably, the petitioner

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N.ANAND VENKATESH, J

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13270 of 2023

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has to approach the Waqf Board or the Tribunal as he is advised. Except giving this clarity, no further orders can be passed in this writ petition.

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Accordingly, this writ petition is disposed of in the above terms. No

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costs.

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01.06.2023

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Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

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To The Collector, District Collector Office, Kancheepuram – 631 501.

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Writ Petition No. 13270 of 2023

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https://www.mhc.tn.gov.in/judis

A.Ayub Khan v. The Collector

Case brief

What is this about?

What did the court decide?

A.Ayub Khan v. The Collector

Case brief

What is this about?

What did the court decide?

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