ORDER :

(Prayer in W.P.No.5154 of 2022 : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records of the impugned orders i) Notice in Na.Ka.No.733/2021/B4/KPM, dated 30.03.2021 of the 2nd respondent ii) Boards Resolution in Item No.129/21 R.C.No.733/2021/B4/KPM, dated 30.09.2021 of the 1st respondent, iii) Notice in R.C.No.733/2021/B4/KPM dated 22.10.2021 of the 2nd respondent and iv) Notice in Rc.No.10287/04/B4/KPM, dated 15.02.2022 of the 2nd respondent and quash the same and consequently, permit the petitioner to submit proper representations/reply in respect of the above said matters and take a decision in accordance with law.)

(Prayer in W.P.No.25172 of 2021 : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for records of the 2nd respondent proceedings dated 30.09.2021 made in R.C.No.733/2021/B4/KPM and proceedings dated 22.10.2021 in R.C.No.733/2021/B4/KPM of the 1st respondent dated 22.10.2021 made in R.C.No.733/2021/B4/KPM and to quash the same.)

(Prayer amended vide order of this Court dated 29.11.2021 made in Additional Affidavit dated 25.11.2021 in W.P.No.25172 of 2021)

1. Since the issue involved in both these writ petitions is one and the same, with the consent of parties on either sides both the writ petitions were heard together and disposed of by means of this common order.

2. The writ petition in W.P.No.25172 of 2021 has been filed seeking to quash the impugned order dated 30.09.2021, in and by which, the Waqf Board has acquired the petitioner lands and vide impugned order dated 22.10.2021, the Waqf Board has cancelled its earlier order dated 24.10.2000 and issued certain directions.

3. The writ petition in W.P.No.5154 of 2022 has been filed challenging the show cause notice dated 30.03.2021 issued by the second respondent and the impugned order dated 30.09.2021 in and by which the Waqf Board has acquired the petitioner lands and the consequential orders dated 22.10.2021 and 15.02.2022 respectively.

4. The case of the petitioner is that Masjid-e-Anwari is a registered Waqf under the supervisory control of the Tamil Nadu Waqf Board and the said Waqf Board as assumed direct management of the said Mosque as the existing Mutawalli relinquished his post and surrendered possession of the Mosque and its properties voluntarily on 30.12.1977 and the same came to be published in the Government Gazette on 03.05.1978.

5. Thereafter, the respondents by proceedings in RC.No.9326/B1/81, dated 17.06.1982, resolved to allot 20 x 60 Sq.ft. in T.S.No.39/1, Raja Kilpakkam village to the employees of the Tamil Nadu Waqf Board on perpetual lease for residential purpose and published the same in the Government Gazette dated 25.08.1982. Subsequently, the Waqf Board modified the extent to 40 x 60 Sq.ft. instead of 20 x 60 Sq.ft. to each employee of the Tamil Nadu Waqf Board to satisfy MMDA Rules vide its proceedings in RC.No.9326/B1/82, dated 31.07.1982 and resolved to fix monthly rent at the rate of Rs.5/- for each plot vide proceedings dated 23.12.1982.

6. Thereafter, a writ petition in W.P.No.6772 of 1992 has been filed seeking a declaration that the notification issued under Section 3(a) Part VI dated 06.08.1982 which was published in Government Gazette dated 25.08.1982 as null and void. However, this Court by an order dated 21.02.2000, dismissed the said writ petition.

7. Thereafter, another writ petition in W.P.No.24347 of 2017 has been filed challenging the resolution of the Waqf Board dated 24.10.2000 and this Court by an order dated 18.09.2017 dismissed the same on the ground of delay.

8. Thereafter, the Waqf Board has passed a resolution dated 30.09.2021 holding that there is an illegality in respect of the registration of the new Waqf and stated that the Waqf Board has acquired the petitioner lands and has also resolved to cancel the resolution dated 24.10.2000 of the Waqf Board