Madras High Court
S.Mohammed Akbar vs The Chairman on 6 July, 2021
W.P.No.26321 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
WP No. 26321 of 2017
and
WMP Nos. 27977 & 27978 of 2017
S.Mohammed Akbar .. Petitioner
Versus
1. The Chairman
Tamilnadu Wakf Board
No.1, Jabbar Sirang Road,
Vallal Seetha Kadhi Nagar
Chennai.
2. The Chief Executive Officer
Tamilnadu Wakf Board
No.1, Jabbar Sirang Road,
Vallal Seetha Kadhi Nagar
Chennai.
3. The Superintendent of Wakf
Tamilnadu Wakf Board
Cuddalore Circle,
No.512, Gandhi Road
Panruti – 607 106.
Cuddalore District ... Respondents
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorari, calling for the entire records relating to the
impugned notice issued by the 3rd Respondent in his proceedings No.67 and
68/SA, dated 18.09.2017 published in Dinathanthi, dated 20.09.2017.
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1/6
W.P.No.26321 of 2017
For Petitioner : Mr. C. Prakasam
For R 1 to R3 : Mr. V. Ragavachari
ORDER
The petitioner challenges the notice dated 18.09.2017 of the third
respondent, by which, the third respondent called upon applications for
appointment of Board of Trustees to the Big Mosque situated in Udayarkudi,
Kattumannarkoil Taluk, Cuddalore District.
2. The petitioner would contend that the properties comprised in
Survey No.71/1 measuring 2.35 acres, Survey No.84/9 to the extent of 2.35
acres, Survey No.84/10 measuring 0.92, Survey No. 88 measuring 11.12 acres
and Survey No.147/12 to an extent of 0.58 acres in Udayarkudi Village,
Kattumannar Koil Taluk, Cuddalore District have been given to his great
grand father by the British officials for the efficient discharge of duty under
their regime. It is further stated that after the death of his great grand father,
his grand father was in possession and enjoyment of the aforesaid properties.
While so, there was a dispute between the family of the petitioner and the local
msoque claiming rival right over the above properties. Therefore, a suit in O.S.
No. 9 of 1902 was filed before the Principal Subordinate Judge, South Arcot
District which ended in compromise. As per the compromise, the properties
were allotted to Udayarkudi Mosque on condition that the amount generated
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W.P.No.26321 of 2017
through the use of the aforesaid lands shall be utilised by the mosque for4 their
expenses and the balance amount, after meeting all the reasonable expenses,
can be paid to the family of the petitioner. As per the compromise decree, the
family of the petitioner was in receipt of the amount from the mosque. When
there was a further dispute with respect to the receipt of the loan, A.S. No. 5 of
1956 was filed before this Court and this Court appointed an Advocate
Receiver and thereafter, the petitioner was appointed as one of the Managing
Trustees of the Mosque. While so, the third respondent issued the impugned
notice dated 18.09.2017, which was published in one issue of Tamil Daily
Dinathanthi on 20.09.2017 calling upon applications for appointment of
Trustees to the mosque. Aggrieved by the same, the petitioner has filed this
writ petition for the relief of quashing the notice dated 18.09.2017.
3. Pending writ petition, by order dated 09.10.2017, this Court
granted an interim stay on condition that the appointment of the Trustees, if
any, during the pendency of the writ petition, will be subject to the result of
this writ petition.
4. The learned counsel for the petitioner submits that this Court in
the Judgment and Decree dated 14.08.1959 passed in A.S. No. 5 of 1956
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W.P.No.26321 of 2017
framed a scheme for appointment of Trustees for the Big Mosque, Udayarkudi
but the same were not followed by the third respondent while issuing the
impugned notice dated 18.09.2017. Even in the impugned notice dated
18.09.2017, the judgment passed by this Court in A.S. No. 5 of 1956 has not
been referred to by the third respondent. Thus, it is the contention of the
counsel for the petitioner that the impugned notice dated 18.09.2017 of the
third respondent is contrary to the scheme decree framed by this Court in A.S.
No. 5 of 1956.
5. The learned counsel for the respondents 1 to 3 brought to the
notice of this Court that the notice dated 18.09.2017 has been issued by the
third respondent as per the directions issued by this Court in WP No. 7378 of
2014, 37465 of 2005, 8594 of 2010 and C.R.P. (PD) No. 392 of 2016. The
learned counsel for the third respondent also invited the attention of this Court
to the order dated 05.01.2018 passed by this Court by which the respondents
herein were directed to examine the scheme decree passed in O.S. No. 53 of
1952 and the need for appointment of fresh office bearers under the scheme or
to permit the existing office bearers. Thus, it is submitted that pursuant to the
order dated 05.01.2018 passed by this Court in WP No. 7378 of 2004, 37465
of 2005 and CRP (PD) No. 392 of 2006, the notice dated 18.09.2017 was
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W.P.No.26321 of 2017
issued and it cannot be called in question by the petitioner. The learned
counsel for the respondents therefore prayed for dismissal of this writ petition.
6. Heard the counsel for both sides and perused the materials placed.
It is evident that the notice dated 18.09.2017 was issued by the third
respondent as per the directions issued by this Court in WP No. 7378 of 2004,
37465 of 2005 and CRP (PD) No. 392 of 2006. Therefore, it cannot be said
that the third respondent has issued the notice dated 18.09.2017 without any
authority of law or in contravention of the scheme decree framed by this Court.
However, this Court is of the view that the third respondent, while appointing
the Trustees to the Big Mosque as well as Thaikal Wakf, has to consider the
claim of the petitioner as well, if the Trustees are not appointed so far pursuant
to the notice dated 18.09.2017.
7. With the above direction, the writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
06.07.2021
Index : Yes/No
Internet : Yes/No
av/rsh
https://www.mhc.tn.gov.in/judis/
W.P.No.26321 of 2017
R. MAHADEVAN, J
av/rsh
To
1. The Chairman
Tamilnadu Wakf Board
No.1, Jabbar Sirang Road,
Vallal Seetha Kadhi Nagar
Chennai.
2. The Chief Executive Officer
Tamilnadu Wakf Board
No.1, Jabbar Sirang Road,
Vallal Seetha Kadhi Nagar
Chennai.
3. The Superintendent of Wakf
Tamilnadu Wakf Board
Cuddalore Circle,
No.512, Gandhi Road
Panruti – 607 106.
Cuddalore District
WP No. 26321 of 2017
06.07.2021
https://www.mhc.tn.gov.in/judis/
