The Court directed the Waqf Board respondents to decide the petitioners' representation for appointment as Hereditary Mutawalli within four weeks after hearing interested parties, disposing of the writ petition.
Direction issued to dispose of representation within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.19438 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P(MD)No.19438 of 2024 and
W.M.P(MD)Nos.16502, 16503 & 16505 of 2024
1.J.Pathar Nisha
2.P.Mohammed Iliyas ... Petitioners
Vs.
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W.P(MD)No.19438 of 2024
5.Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal, Represented by the Secretary of Adhoc Committee, Madurai to Tirunelveli Main Road, Gangaikondan, Tirunelveli.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the first respondent in Se.Mu.Aanai. 10808/07/A1/Tiveli, dated 25.07.2024 and quash the same and consequently approve the petitioners as Hereditary Mutawalli of the Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal by succession and pass such other and further orders as this Court.
For Petitioners : Mr.H.Arumugam For R-1 to R-3 : Mr.S.A.Ajmal Khan For R-4 & R-5 : M/s.Ajmath Begam
ORDER
The present writ petition is filed praying for a Writ of Certiorarified Mandamus, to call for the records of the impugned proceeding, dated 25.07.2024, whereby, an Adhoc Committee has been appointed for the period between 02.07.2024 to 01.07.2025 or till the Scheme is framed.
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W.P(MD)No.19438 of 2024
2. It is submitted by the learned Counsel for the petitioner that in terms of the proforma, they ought to have been appointed as Mutawalli and a representation was also submitted before the respondents 1 to 3, dated 28.03.2024. However, the said representation is yet to be disposed of.
3. In the circumstances, this Court is of the view that the respondents shall dispose of the above representation, within a period of four weeks from the date of receipt of a copy of this order, after affording the petitioners and all other interested parties a reasonable opportunity of hearing.
4. With the above direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
14.08.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
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W.P(MD)No.19438 of 2024
To
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W.P(MD)No.19438 of 2024
MOHAMMED SHAFFIQ, J.
BTR
W.P(MD)No.19438 of 2024
14.08.2024
5/5
1 issue framed by the court
Whether the respondents were obligated to consider the petitioners' representation for appointment as Mutawalli?
1 provisions across 1 enactments
J.Pathar Nisha
P.Mohammed Iliyas
The Tamil Nadu Waqf Board
Superintendent of Waqf, Tirunelveli
Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal
MOHAMMED SHAFFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
