The High Court directed the Tamil Nadu Wakf Board to consider the petitioner's representation regarding misappropriation of wakf funds by trustees and pass appropriate orders within twelve weeks, after granting a personal hearing.
Direction to consider representation and pass orders within twelve weeks.
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W.P.No.19516 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.19516 of 2024
Mr. Syed Salaudin ...Petitioner Vs 1. The Chairman Tamil Nadu Wakf Board, No.1 Jaffer Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai Tamil Nadu - 600 001. 2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, George Town, Chennai Tamil Nadu - 600 001. 3. The Superintendent, Tamil Nadu Wakf Board, No.8/124, 2nd Floor, Palakarai, Tiruchirappalli, Tamil Nadu 620 008. ...Respondents
W.P.No.19516 of 2024
PRAYER:
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to consider petitioner's representation dated 28.05.2024 and conduct enquiry and take action under the waqf Act within the time frame fixed by this Court and pass orders.
For Petitioner : Mr. L. Abdul Basith For Respondents : Mr.M.Fakir Mohideen Standing Counsel
ORDER
The petitioner has filed this writ petition seeking a direction to the first and second respondents to consider the representation of the petitioner dated 28.05.2024 and pass orders.
Respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3.The case of the petitioner is that the petitioner is the male line descendant and the Muthavalli of Hazrath Nabi Sallallhu Alaihi Vasallam Fatiha Waqf, Tricy which is under the supervision of the Tamil Nadu
2/6
W.P.No.19516 of 2024
Waqf Board. It is stated that Mr.S.Mohideen and B. Abdul Khader are the trustees of the said Waqf, had committed default in paying taxes to the Trichy Corporation and they also misappropriated the funds of the wakf and they have not submitted any financial statements or conducted audit for more than 2 years. Due to the said illegal act of the said trustees the petitioner is unable to file the audit report of the waqf for the period 2012 to 2020, inspite of the repeated request made by the second respondent. Hence, the petitioner has given a representation on 28.05.2024 to the first and second respondents and the same was not considered. Hence the petitioner has come forward with this petition.
W.P.No.19516 of 2024
of. No costs.
19.07.2024
Index:Yes/No Speaking order/Non-speaking order smn
W.P.No.19516 of 2024
To.
V.BHAVANI SUBBAROYAN, J.
W.P.No.19516 of 2024
smn
W.P.No.19516 of 2024
19.07.2024
1 issue framed by the court
Whether the Respondents failed to consider the petitioner's representation dated 28.05.2024 regarding default by trustees?
2 provisions across 2 enactments
Mr. Syed Salaudin
The Chairman Tamil Nadu Wakf Board
The Chief Executive Officer, Tamil Nadu Wakf Board
The Superintendent, Tamil Nadu Wakf Board
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
