Madras High Court
H.Meer Asgar Ali vs The Tamil Nadu Wakf Board on 25 February, 2022
W.P.No.4839 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.4839 of 2020
and W.M.P.No.5723 of 2020
H.Meer Asgar Ali .. Petitioner
Vs.
1.The Tamil Nadu Wakf Board,
Rep. By its Chairman,
No.1, Jafar Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
2.The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
3.The Superintendent of Wakf,
Tamil Nadu Wakf Board,
Vellore Region,
Vellore.
4.The Wakf Inspector,
Tamil Nadu Wakf Board,
Vellore Region,
Vellore.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.4839 of 2020
5.Basha Jathi Begum
6.Meer Mukthar Ali
7.Arumugam
8.Meer Alisher
9.Meer Murtuza Hussain
10.Palaraman
11.Saliya Bhagam .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the respondents 1 & 2
to take appropriate action to retrieve the Wakf lands i.e., shop premises in
S.Nos.396 and 502 of Pasumathur Village, Katpadai Taluk, Vellore District
and situate at Door Nos.141/1, 142/1, 143/1, 144/1, 145/1, Bus stand Main
Road, Pasumathur Post, Katpadi Taluk, Vellore District and also at Eswaran
Koil (Opp) Gangai Amman Koil Backside (Land Mark) Pasumathur Post,
Gudiyatham Taluk, Vellore District, which are run by the respondents 5 to 11
as per the provisions of the Wakf Act, 1995 as amended up to date and also as
per the Wakf Properties Lease Rules, 2014 by considering the petitioner's
representations dated 06.03.2019, 09.05.2019 and 12.12.2019.
2/8
https://www.mhc.tn.gov.in/judis
W.P.No.4839 of 2020
For Petitioner : Mr.R.Rajeshkrishnan
for Mr.A.Ilayaperumal
For RR1 to 4 : M/s.Rajeswari Karthikeyan
For RR5, 6 & 9 : Mr.M.V.Vijayabaskar
For RR7, 8 & 10 : No appearance
ORDER
(The matter is heard through 'video conferencing/hybrid mode')
This Writ Petition is filed seeking a direction to the respondents 1 & 2
to take appropriate action to retrieve the Wakf lands i.e., shop premises in
S.Nos.396 and 502 of Pasumathur Village, Katpadai Taluk, Vellore District,
situate at Door Nos.141/1, 142/1, 143/1, 144/1, 145/1, Bus stand Main Road,
Pasumathur Post, Katpadi Taluk, Vellore District and also at Eswaran Koil
(Opp) Gangai Amman Koil Backside (Land Mark) Pasumathur Post,
Gudiyatham Taluk, Vellore District, which are run by the respondents 5 to 11
as per the provisions of the Wakf Act, 1995 as amended up to date and also as
per the Wakf Properties Lease Rules, 2014 by considering the petitioner's
representations dated 06.03.2019, 09.05.2019 and 12.12.2019.
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W.P.No.4839 of 2020
2.According to the petitioner, he is a Hereditary Muthawalli of
Pasumathur Ashur Khana Shia Wakf and Shia Masjid Wakf situated at Door
No.153/1, Mosque Street, Pasumathur, Katpadi Taluk, Vellore District - 635
803, under the control of Wakf Board. The said Pasumathur Ashur Khana
Shia Wakf and Shia Masjid Wakf own several properties of land and there are
several shops available in the land in Survey Nos.396 and 502 of Pasumathur
Village. The shops are available in Door Nos.141/1, 142/1, 143/1, 144/1 and
145/1, Bus Stand Main Road, Pasumathur Post, Katpadi Taluk, Vellore
District and also at Eswaran Koil Street, Gangai Amman Koil Backside (Land
Mark) Pasumathur Post, Katpadi Taluk, Vellore District. While so, the 5th
respondent encroached the Wakf property and sold the Wakf property
illegally to third parties. The 5th respondent also filed a suit in O.S.No.218 of
2010 on the file of the District Munsif Court, Katpadi. The suit was partly
decreed by granting permanent injunction in respect of Item Nos.1 and 2 of
the suit schedule properties and the suit in respect of properties in Item Nos.3
to 5 was dismissed. The appeal filed by the petitioner in A.S.No.18 of 2019
was dismissed on 14.11.2019. The Second Appeal filed by the petitioner is
pending before this Court. As per the decree and judgment passed in the suit
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W.P.No.4839 of 2020
and First Appeal, the petitioner is entitled to collect the rent from the
tenants/respondents 6 to 11, but they failed to pay the rent. In such
circumstances, the petitioner made a representation to the 2nd respondent to
take action against the respondents 5 to 11 through Wakf Inspector, Vellore
Range. Since no action was taken, the petitioner has come out with the
present Writ Petition.
3.The learned counsel appearing for the respondents 1 to 4 submits that
the 2nd respondent called for report from the 4th respondent. On receiving the
report, the representation of the petitioner will be disposed of within the time
frame fixed by this Court.
4.Heard the learned counsel appearing for the petitioner as well as the
learned counsel appearing for the respondents 1 to 4 and respondents 5, 6 & 9
and perused the entire materials available on record. Though notice has been
served on the respondents 7, 8 & 10 and their names are printed in the cause
list, there is no representation for them either in person or through counsel.
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W.P.No.4839 of 2020
5.Considering the above materials and submissions of the learned
counsel appearing for the respondents 1 to 4, without deciding the issue on
merits, the respondents 1 and 2 are directed to dispose of the representation of
the petitioner dated 06.03.2019 and pass orders on merits and in accordance
with law, after hearing the petitioner and respondents 5 to 11, within a period
of eight weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
25.02.2022
Index : Yes / No
gsa
To
1.The Chairman,
Tamil Nadu Wakf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
2.The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
https://www.mhc.tn.gov.in/judis
W.P.No.4839 of 2020
3.The Superintendent of Wakf,
Tamil Nadu Wakf Board,
Vellore Region,
Vellore.
4.The Wakf Inspector,
Tamil Nadu Wakf Board,
Vellore Region,
Vellore.
https://www.mhc.tn.gov.in/judis
W.P.No.4839 of 2020
V.M.VELUMANI, J.,
gsa
W.P.No.4839 of 2020
25.02.2022
https://www.mhc.tn.gov.in/judis
