A writ of mandamus can be issued to compel execution of a lease agreement when prior court orders are not followed, and tenancy rights must be recognized even if the property is classified as kabristana.

ORDER :

D.BHARATHA CHAKRAVARTHY, J.

1. The writ petition is filed seeking a direction to respondents 1 to 4 to de- seal the leased premises, being land admeasuring 4,800 sq.ft., consisting of an asbestos-sheet structure situated at Anjuman-e-Ithihathe Islam Masjid, No.2/1109, 1^st Main Road, Alima Colony, Mahatma Gandhi Nagar, Okkiyam, Thoraipakkam, Chennai-600 097, forming part of Survey No.408/1A, Okkiyam, Thoraipakkam Village, Kancheepuram District and further to direct the fifth respondent to execute a lease agreement in favour of the petitioner within a time frame stipulated by this Court.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition and the material records of the case, the case of the petitioner is that the aforementioned land measuring 4,800 square feet is part of Wakf property. The Wakf is a composite Wakf consisting of kabristana, Masjid and other endowments. On 01.05.2015, one Fathaq MBG Trust, represented by its President, S.H.Ansar Basha, claiming to represent the Wakf, entered into a lease agreement with the petitioner, leasing out the aforesaid property on a monthly rent of Rs.24,000/-. The advance amount was Rs.6,00,000/-. The petitioner paid the advance amount and commenced further construction with asbestos sheets to run a chicken centre. At that juncture, a third party filed W.P. No.29822 of 2015 and an order of status quo was passed by this Court on 22.09.2015.

3. In view thereof, the property with the construction thus far made by the petitioner remained as such. Thereafter, when the 11 month lease came to an end, the very same person renewed the lease by an agreement dated 25.03.2016 on the condition that the petitioner pay an additional advance of Rs.2,00,000/-. The petitioner complied with the same and thus paid a total advance of Rs.8,00,000/-. However, since the order of status quo was in operation, the petitioner could not complete the construction or carry on his business.

4. Subsequently, the petitioner was impleaded as the third respondent in W.P.No.29822 of 2015 filed by Masjide Fazul Ashab Jumma Mosque, represented by its President, A.Anwar Sait. The said writ petition was disposed of by order dated 11.08.2022, wherein this Court directed the first respondent, namely the Tamil Nadu Wakf Board, to consider the representation of the petitioner dated 20.07.2015 and pass orders in accordance with law. Pursuant thereto, the Chief Executive Officer issued notices to all concerned and conducted an enquiry. After the enquiry, he passed an order dated 24.02.2023, wherein it was found that two sets of persons, namely Fathaq MBG Trust and Anjuman-e-Ithihathe Islam Trust, were claiming to administer the said Wakf. The tenancy in favour of the petitioner was also recorded. The Chief Executive Officer decided that in respect of both the questions as to recognizing anyone set of persons to administer the Wakf and also to regularize the tenancy in favor of the petitioner, it is only the Wakf board which has to take a call and placed his recommendations to the file of the Wakf board.

5. Thereafter, on 17.03.2023, the Wakf Board passed an order and the relevant portion of which is extracted hereunder.

6. By the said order, Anjuman-e-Ithihathe Islam (Masjid, Madarasa and Muslim kabristana) Wakf was permitted to administer the Wakf and permission was also granted to lease the property to the petitioner in accordance with rules. Even thereafter, no lease deed was executed and the petitioner was awaiting further orders from the fifth respondent. While so, the premises were