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2025 Supreme(Online)(Mad) 47672
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C. Saravanan, J
M.Mohamed Abdullah – Appellant
Versus
The Tamil Nadu Waqf Board – Respondent
W.P. (MD) No.17351 of 2025
For the Appellants/Petitioners: M/s.H.Jasima Yasmin, M/s.Ajmal Associates
For the Respondents: Mr.K.Jeyamohan Standing Counsel
Court emphasized the necessity for compliance with statutory duties regarding lease payments under the Wakf Act.
Headnote:Statute Analysis: The petition under Article 226 of the Constitution seeks a Mandamus for action under Section 54 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. Facts: The petitioner, a hereditary Muthawalli, leased property to the fourth respondent in 2002, who failed to pay lease amounts, prompting action under the Wakf Act. Findings: The Court directed suitable action be taken under Section 54 within three months.
Issues: The court examined the need for action regarding unpaid lease amounts, emphasizing prompt responses to petitions.
Ratio Decidendi: The Court reasoned that lack of action on representations impedes enforcement of statutory duties, quoting: “the representation...will be considered and disposed of on merits within a period of three months.”
Result: The writ petition is disposed of with a directive to take action under Section 54 within three months.
| Table of Content |
|---|
| 1. mandamus for action on lease payment. (Para 1 , 3) |
| 2. court observing compliance timeline. (Para 2 , 4) |
| 3. final directive issued for action. (Para 5) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025 CORAM THE HON'BLE MR.JUSTICE C. SARAVANAN W.P.(MD) No.17351 of 2025 M.Mohamed Abdullah ... Petitioner Vs.
1.The Tamil Nadu Waqf Board, Rep by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.
2.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.
3.The Superintendent of Waqf, Madurai District, Madurai.
4.A.Chandrasekar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the second respondent to take action against the fourth respondent under Section 54 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 and Consequently to make an application to the Waqf Tribunal under Section 54 (3) of the said Act within the period that may be stipulated by this Court.
For Petitioner : M/s.H.Jasima Yasmin For M/s.Ajmal Associates For R1 to R3 : Mr.K.Jeyamohan Standing Counsel
O R D E R
This writ petition has been filed for a Mandamus to direct the second respondent to take action against the fourth respondent under Section 54 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 and Consequently to make an application to the Waqf Tribunal under Section 54 (3) of the said Act.
2. The writ petition is disposed of at the time of admission after dispensing with notice on the fourth respondent as no adverse orders are proposed to be passed against him.
3. The petitioner claims to be a hereditary Muthawalli of the Hidayat Sha Dharga. It is the case of the petitioner that the petitioner had leased out the property to the fourth respondent way back in the year 2002. However, the fourth respondent has not paid the lease amounts to the Wakf. Under these circumstances, the petitioner has also initiated steps both criminally and before the respondents under Section 54 of the Wakf Act, 1995.
4. The learned Standing Counsel for the respondents 1 to 3 submits that the representation of the petitioner, dated 02.09.2024 will be considered and disposed of on merits within a period of three months.
5. Recording the above submission, the writ petition is disposed of by directing the official respondents to take suitable action under Section 54 of the Wakf Act, 1995 within a period of three months from the date of receipt of a copy of this order. No costs.
