Dismissed

B.M.Ameenulla v. The Chief Executive officer

Madras HC4 Dec 2024WP/6842/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition directing the Chief Executive Officer, Tamil Nadu Waqf Board, to restore a specific Wakf property alleged to have been unlawfully alienated. The petitioner claimed the property was converted into personal property by mosque officials. The court noted the petitioner had not previously approached the Wakf Board and did not accept the prayer to directly restore th

What did the court decide?

Direction to submit a fresh representation to the Wakf Board within two weeks; No direction to restore the property immediately.

B.M.Ameenulla Vs The Chief Executive officer — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.6842 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :04.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.6842 of 2023

B.M.Ameenulla

..... Petitioner

Vs.

1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.

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2.Ayyoob

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..... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to restore the wakf property comprised in S.No.825 measuring to an extent of 1.39 acres, situated at Hosur Village and Taluk, Krishnagir District as per the proceedings of the wakf board in R.C.No.18706/C9/82/Dpi, dated 16.06.1982.

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For Petitioner : Mr.M.Mohamed Riyaz

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

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W.P.No.6842 of 2023

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For Respondents :Mr.S.Haja Mohideen Gisthi for R1 No appearance for R2 O R D E R

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The writ petition is filed seeking a direction to the first

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respondent to restore the wakf property comprised in S.No.825 measuring to an extent of 1.39 acres, situated at Hosur Village and Taluk, Krishnagiri District as per the proceedings of the wakf board dated 16.06.1982.

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2. It is the case of the petitioner that the property comprised in S.No.825 measuring to an extent of 1.39 acres, situated at Hosur Village and Taluk, originally endowed in favour of Jamia Masjid, Hozur, by Nawab Thippu Sulthan, Mysore and the persons who was incharge of the Mosque, converted the wakf property as their personal property and created documents in contravention of the wakf property. The above said wakf is a notified wakf and hence the first respondent is the competent authority to recover the wakf properties which were alienated contrary to the provision of Wakf Act.

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3. The petitioner is a person interested in the welfare of the

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

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W.P.No.6842 of 2023

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wakf and he submitted a representation before various revenue authorities including the Principal Commissioner of Land Administration. However, no steps have been taken. In such circumstances, the petitioner has come before this Court.

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4. According to the petitioner, the subject property belonging to wakf and the same has been transferred in violation of wakf Act. Therefore, the wakf board is the competent authority to go into the allegation of the petitioner. The petitioner has not submitted any representation before the competent authority, hence, this Court is not inclined to accept the prayer sought for by the petitioner. However, the petitioner is directed to submit a fresh representation to the wakf board within a period of two weeks. The first respondent shall place it before wakf board. The wakf board shall consider the same and pass final orders on its own merits within a period of eight weeks from the date of such representation after affording reasonable opportunity to the petitioner and the concerned wakf.

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5. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

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W.P.No.6842 of 2023

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No ub

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04.12.2024

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To The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.

S.SOUNTHAR, J.

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W.P.No.6842 of 2023

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W.P.No.6842 of 2023

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04.12.2024

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

B.M.Ameenulla v. The Chief Executive officer

Case brief

What is this about?

What did the court decide?

B.M.Ameenulla v. The Chief Executive officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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