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2020 Supreme(Mad) 1194

G.R.SWAMINATHAN
M. Imam Hussain, Advocate – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Mahaboob Athiff.
For the Respondents:Mr. K. Chellapandian, Additional Advocate General, assisted by Mr. V.R. Shanmuganathan, Special Government Pleader, Mr. V. Lakshminarayanan.

ORDER :

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned notification issued by the second respondent dated 14.07.2020 and quash the same as illegal and consequently direct the first respondent to nominate senior Muslim advocates to the Tamil Nadu Waqf Board in terms of proviso to Section 14(1)(b)(iii) of the Waqf Act 1995, within the time that may be stipulated by this Court.

“Waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. To provide for the better administration of waqfs, the parliament enacted the Waqf Act, 1995 (hereinafter referred to as “the Act”). It provides for the establishment and constitution of Central Waqf Council by the Central Government. It also mandated the establishment of a Board of Waqf for each State and Union Territory. The Board is a body corporate having perpetual succession and a common seal. Section 14 of the Act set

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