Disposed

Wakf Protection Forum v. the Principal Secretary

Madras HC19 Jul 2024WP/19748/2024

Case brief

AI extract

What is this about?

A public interest petitioner sought a mandamus directing an enquiry into alleged illegal appointments in the Tamil Nadu Wakf Board made under a 2023 cadre revision resolution, citing unactioned representations. The court disposed of the petition by directing a fresh representation and its consideration within fixed timelines, without examining merits.

What did the court decide?

Petitioner permitted to submit a fresh representation within 12 weeks; respondent to consider it and pass orders within 8 weeks of receipt.

Wakf Protection Forum Vs the Principal Secretary — Service and Employment | Madras HC (2024)

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W.P.No. 19748 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.07.2024

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.19748 of 2024

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Wakf Protection forum, Represented by its Secretary, A.Julani Basha No.151/313, Thambu Chetty Street, Chennai 600 001.

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.. Petitioner

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Versus

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The Principal Secretary, BCMBC & MW Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009 ...Respondent

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Prayer: This petition is filed under Article 226 of the Constitution

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of India to issue a writ of Mandamus directing the respondent to conduct a detailed enquiry with regard to the resolution of the Tamil Nadu Wakf Board dated 18.07.2023 vide proceedings under Rc No. 7761/E1/2008 for revising the cadre strength of Tamil Nadu Wakf Board, subsequent appointments to the various posts in the Tamil Nadu Wakf Board violating Section 24 of Wakf Act, 1995 based on the representation of

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

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W.P.No. 19748 of 2024

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the petitioner dated 24.11.2023.

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For Petitioner : Mr.C.D. Sugumar

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For Respondent : Mr.N. Naveen Kumar Government Advocate

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ORDER

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This petition is filed to seeking a direction directing the second respondent to consider the representation of the petitioner dated 24.11.2023 and pass orders.

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Mr.N. Naveen Kumar, Government Advocate takes notice for

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the first and second Respondent. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal. .

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3.The facts of the case is that the petitioner organization has unearthed several irregularities committed by the Wakf Board in the administration. Like wise there was some illegal activities with regard to appointments made in the Wakf Board. Hence, the petitioner has given a representation on 24.11.2023 with regard to the said issue. However, no

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

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W.P.No. 19748 of 2024

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action was taken, due to which the petition gave another representation on 07.12.2023 to cancel all the illegal appointments made in the Wakf Board as per resolution dated 18.07.2023 and for initiating appropriate action against the erred officials of Wakf Board. The grievance of the petitioner is that there is no progress in the representation made by the petitioner. Hence, this petition.

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The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.

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The learned Government Advocate appearing for the respondent submitted that the representation is of the year 2023 and the petitioner has filed this writ petition after a lapse of more than one year. He further submitted if a fresh representation is filed by the petitioner they will consider the same and take action in the manner known to law as early as possible.

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For the foregoing reasons, this Court without expressing any

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W.P.No. 19748 of 2024

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opinion on the merits of the case directs the petitioner to give a fresh representation to the respondent within a period of twelve weeks from the date of receipt of a copy of this order. If any representation is given by the petitioner regarding the said issue, the respondent shall consider the same and pass orders within a period of eight weeks from the date of receipt of the representation.

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With the aforesaid direction, this writ petition is disposed of. No order as to costs.

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19.07.2024

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Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn To

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The Principal Secretary, BCMBC & MW Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009 .

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

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W.P.No. 19748 of 2024

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V.BHAVANI SUBBAROYAN, J.

smn

W.P.No.19748 of 2024

19.07.2024

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Wakf Protection Forum v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Wakf Protection Forum v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

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