Allowed

Sakhla .N.M v. The Tamil Nadu Waqf Board

Madras HC19 Mar 2024WP(MD)/2893/2024

Case brief

AI extract

What is this about?

The petitioner, former President of a Muslim society, approached the Madras High Court seeking a writ of mandamus to direct the Waqf Board to conduct an enquiry and register the society school and properties under the Waqf Act. The court directed a speedy enquiry.

What did the court decide?

Direction issued to the Waqf Board to conduct an enquiry on the petitioner's application dated 17.01.2024 and take a decision as expeditiously as possible.

Sakhla .N.M Vs The Tamil Nadu Waqf Board — Property and Title | Madras HC (2024)

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W.P.(MD)No.2893 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.03.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.2893 of 2024

N.M.Sakhla

... Petitioner

versus

The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

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The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

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The Superintendent of Waqf, Ramanathapuram Division, Tamil Nadu Waqf Board, No.176-11, 1^st Floort, Therpasayanam Road, Vellipattinam, Ramanathapuram District.

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

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W.P.(MD)No.2893 of 2024

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The Inspector of Waqf, Ramanathapuram Division, Tamil Nadu Waqf Board, No.176-11, 1^st Floor, Therpasayanam Road, Vellipattinam, Ramanathapuram District.

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Raja Mohamed Razak

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Sheik Mahadhoon

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Kader Ibrahim Uthuman

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Abdul Rahim

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Hidyathulla Mohammed Hussain

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M.Hyther Ali Ambalam (Respondents 5 to 10 are impleaded vide order dated 19.03.2024) ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 to conduct enquiry and pass appropriate orders for registering of property of society registered under the Tamil Nadu Societies Registration Act in Document No.123 of 2014 dated 10.11.2014 on the file of the District Registrar, Karaikudi in the waqf register maintained by the 3^rd respondent based on the petitioner's representation dated 17.01.2024 within a time frame stipulated by this

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

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W.P.(MD)No.2893 of 2024

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Court.

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For Petitioner : Mr.H.Mahamed Hussain For R1 to R4 : Mr.G.Chandrasekar, Standing Counsel For R5 to R10 : Mr.Mahaboob Athiff

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ORDER

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The petitioner claims that he is the President of Limra Matriculation Higher Secondary School run by Limra Kalvi Kazhagam. This “Limra Kalvi Kazhagam” is a Society established with the contribution of people belonging to Muslim Community residing in that area. The Society was also registered under the Tamil Nadu Societies Act in the year 2014. The present Administrative Committee Members of the Society have now decided to register the School and the properties of the Society under the Waqf Act. Therefore, the petitioner has submitted an application on 17.01.2024 before the Waqf Board to register the School and the properties of the Society under the Waqf Act, as per Section 40 of the Waqf Act and also filed this writ petition for a Mandamus, directing the respondents 1 to 4 to conduct an

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

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W.P.(MD)No.2893 of 2024

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enquiry and pass appropriate orders for registering the properties of the Society under the Waqf Act.

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This Court, by earlier order dated 12.02.2024 directed the petitioner to implead the Administrative Committee Members of the Society. Accordingly, the petitioner has also filed a Miscellaneous Petition in W.M.P.(MD)No.2893of 2024. Today, this Court has allowed the impleading application in W.M.P.(MD)No.2893of 2024 and the respondents 5 to 10, who are the present Administrative Committee Members of the Society, are impleaded as parties to the writ petitions.

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Mr.G.Chandrasekar, learned Standing Counsel, takes notice

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for the respondents 1 to 4 and submits that the application of the petitioner would be considered within a reasonable time.

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

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W.P.(MD)No.2893 of 2024

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Considering the fact that the entire Administrative Committee

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Members have now decided to give the School and the properties of the Society to the Waqf Board and submitted an application on 17.01.2024 before the Waqf Board, the respondents 1 to 4 shall conduct an enquiry on the petitioner's application dated 17.01.2024 and take a decision as expeditiously as possible.

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With the above direction, this writ petition is disposed of. No

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costs.

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19.03.2024

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ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

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

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W.P.(MD)No.2893 of 2024

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B.PUGALENDHI, J.

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ogy

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W.P.(MD)No.2893 of 2024

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19.03.2024

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

Sakhla .N.M v. The Tamil Nadu Waqf Board

Case brief

What is this about?

What did the court decide?

Sakhla .N.M v. The Tamil Nadu Waqf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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