Sheik Ismail S v. The Tamil Nadu Waqf Board

ORDER This writ petition has been filed seeking for a Mandamus directing the first respondent to enquire and recover the waqf properties belonging to the Thirumanilayur Mosque Waqf (GS No.94/Trichy) by initiating action under Section 52 of the Waqf Act, 1995 by considering the petitioner's representation, dated 13.02.2023.

¶2It is the case of the petitioner is that he is a resident of Karur and a member of the Thirumanilayur Mosque waqf, which is a notified waqf, under GS.No.94/Trichy. This waqf owns large extents of properties in various survey numbers and the same is reflected in the original proforma of the waqf and the inam fair register. However, the properties have been illegally alienated by the Mutawalli who has appropriated the sale consideration and it also appears that the persons to whom the properties have been alienated, have mutated the revenue records into their name. Though the Board has a duty under Section 53 of the Act to retrieve and recover the waqf properties illegally alienated, they have not exercised their rights thereunder despite learning about this illegal alienation.

¶3The petitioner submits that he had preferred a statutory application/representation to the first respondent herein on 03.02.2023, calling upon them to recover the waqf property for the benefit of the waqf. Despite receipt of the said representation, the first respondent Board has not taken any action in this regard. Hence, the petitioner has come forward with this writ petition.

¶4Considering the limited prayer sought for by the petitioner in this writ petition, this Court directs the first respondent to initiate the enquiry and take necessary steps to recover the property of the waqf which has been illegally alienated, after giving due notice to the parties concerned. The said steps shall be initiated and the process set in motion within a period of eight weeks from the date of receipt of a copy of this order.

¶5This writ petition stands disposed of on the above terms. There shall be no order as to costs.

17.04.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No sbn To

1.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai 600 001.

2.The District Collector, Karur District, Karur.

P.T.ASHA, J. sbn W.P.(MD)No.

8613 of 2023

17.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.04.2023 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA S.Sheik Ismail ... Petitioner Vs. 1.The Tamil Nadu Waqf Board, Rep by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai 600 001. 2.The District Collector, Karur District, Karur. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to enquire and recover the waqf properties belonging to the Thirumanilayur Mosque Waqf (GS Noi.94/Trichy) by initiating action under Section 52 of the Waqf Act, 1995 by considering the petitioner's representation dated 13.02.2023 within the time that may be stipulated by this Court. For Petitioner :Mr.M.Mahaboob Athiff For Respondents :Mr.S.A.Ajmalkhan Standing Counsel for R1 :Mr.D.Ghandiraj Special Government Pleader for R2