JUSTICE R.SURESH KUMAR C.R.P.(PD).No.3723 of 2019Petitioner : Mr.N.A.Nissar Ahmed : Mr.V.Lakshminarayanan, Standing Counsel for Tamil Nadu Waqf Board as Amicus Curiae case allowed

[5/9, 12:35] Sekarreporter: C.R.P.No.3723 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 25.11.2019
Pronounced on : 08.05.2020
CORAM:
THE HON’BLE MR. JUSTICE R.SURESH KUMAR
C.R.P.(PD).No.3723 of 2019
The President
Ameerunnisa Begum Sahiba Endowments
Triplicane, Chennai – 5. …….. Petitioner
-vs-
D.Ganesan …….. Respondent
Civil Revision Petition filed under Article 227 of the Constitution of
India r/w Section 83(9) of the Waqf Act, 1995, against the order, dated
18.10.2029 made in O.A.Sr.No.159 of 2019 on the file of the Waqf
Tribunal, Chennai.
For Petitioner : Mr.N.A.Nissar Ahmed
: Mr.V.Lakshminarayanan,
Standing Counsel for Tamil Nadu
Waqf Board as Amicus Curiae
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considered that, the CEO of the Waqf Board also under the route or
procedure contemplated under Section 54 can take effective steps to evict
the tenant in default or the encroacher of any Waqf property either on
complaint or on his own motion, apart from the protective action to be taken
by the concerned Mutawalli or President of the Waqf concerned by directly
approaching the Tribunal under Section 83(1) and (2) of the Act, seeking for
eviction of such tenant in default / encroacher. The locus, therefore, of the
Mutawalli or President of the notified Waqf in approaching the Tribunal for
seeking eviction of the tenant in default / encroacher has not been taken
away or denuded merely because of different procedure as has been
contemplated under Section 54 of the Act, where the CEO has been
empowered to do the eviction procedure as provided therein.

  1. Therefore I am of the considered view that, the reasoning given
    by the learned Tribunal in the impugned order by rejecting the application
    filed by the revision petitioner as not maintainable, cannot be sustained
    under the legal scrutiny, therefore the said order is liable to be set aside and
    accordingly is set aside.
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  2. Resultantly this Civil Revision Petition is allowed and the
    Tribunal is directed to entertain the O.A.Sr.No.175 of 2019 filed by the
    revision petitioner and decide the same on merits and in accordance with
    law. However, there shall be no order as to costs.
    08.05.2020
    Index : Yes
    Speaking order
    tsvn
    To
    The Waqf Tribunal
    Chennai.
    55/56

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