IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.01.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.9168 of 2020 and W.M.P.Nos. 11182 & 11184 of 2020 Mrs. N.Syed Sultan Beevi ... Petitioner Vs.

1. Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Backward Classes, Most Backward Classes and Minorities Welfare, Fort.St.George, Chennai-9.

2. The Tamil Nadu Waqf Board Rep. by its Special Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

3. Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

4. The Superintedent of Wakf, Thanjavur Wakf Zone, No.27, Neethi Nagar, Opp. Jumma Mosque, Court Road, Thjavur- 613001.

5. Inspector of Wakf Nagapattinam, Office of Superintedent of Wakfs, No.27, Neethi Nagar, Opp. Jumma Mosque, Court Road, Thanjavur- 613001

6. Assistant Driector of Survey and Land Records, District Collectorate, Nagapattinam- 611003.

7. Inspector of Town Survey, Nagapattinam Municpality, Kadambady, Nagapattinam- 611001.

8. Mr.M.Mohamed Thaha Maraicair ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent herein to amend the register of Auqaf vide Rc. No.15279/93/C3/NAGAI Bearing Registration No.288/TNJ as per Section 41 of the Waqf Act, 1995 concerning the Wakf created by Meera Labbai Maraicair by way of registered wakfnama dated 24.05.2000 to Meera Labbai Maricair Wakf-

alal-aulad instead of Meera Labbai Maricair Trust Wakf.

For Petitioner : Mr.Kaushhik N.Sharma For Respondents : Mr.G.Ameedius, Govt. Advocate, (for R1, R6 & R7)

Mrs.V.Srimathi, (for R2 to R5)

Mr.A.Abdul Kadar (for R8)

O R D E R

The relief as such sought for in the present writ proceedings is to direct the 2nd respondent herein to amend the register of Auqaf vide Rc. No.15279/93/C3/NAGAI Bearing Registration No.288/TNJ as per Section 41 of the Waqf Act, 1995 concerning the Wakf created by Meera Labbai Maraicair by way of registered wakfnama dated 24.05.2000 to Meera Labbai Maricair Wakf- alal-aulad instead of Meera Labbai Maricair Trust Wakf.

2. The relief as such sought for the in the present writ proceeding is misconceived. The petitioner if aggrieved, has to first approach the Waqf Board and thereafter, the Waqf Tribunal, in the manner contemplated in the Waqf Act, 1995.

3. Contrarily, High Court cannot conduct a roving inquiry in respect of such issues raised in the present writ petition to issue direction to amend the register of Auqaf, concerning the Wakf created by way of registered wakfnama.

4. All such issues are to be adjudicated in the manner contemplated and therefore, the petitioner is at liberty to approach the competent forum if any grievance exist.

5. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed

03.01.2024 Index : Yes Speaking Order Neutral Citation : Yes (sha)

To

1. Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Backward Classes, Most Backward Classes and Minorities Welfare, Fort.St.George, Chennai-9.

2. The Tamil Nadu Waqf Board Rep. by its Special Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

3. Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

4. The Superintedent of Wakf, Thanjavur Wakf Zone, No.27, Neethi Nagar, Opp. Jumma Mosque, Court Road, Thjavur- 613001.

5. Inspector of Wakf Nagapattinam, Office of Superintedent of Wakfs, No.27, Neethi Nagar, Opp. Jumma Mosque, Court Road, Thanjavur- 613001

6. Assistant Driector of Survey and Land Records, District Collectorate, Nagapattinam- 611003.

7. Inspector of Town Survey, Nagapattinam Municpality, Kadambady, Nagapattinam- 611001.

S .M.SUBRAMANIAM. J., (sha)

03.01.2024