IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.4.2008 CORAM THE HONOURABLE MR.JUSTICE ELIPE DHARMA RAO AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT APPEAL NO.1581 of 2001 The President Muslim Jamad Executive Committee Sankarankoil Tirunelveli District ..Appellant/Writ petitioner vs. 1.Tamil Nadu Wakf Board Santhome High Road Madras 4 through its Special Officer 2.The Superintendent of Wakf Tirunelveli Zone Tirunelveli ..Respondents/Respondent Writ Appeal is filed under clause 15 of letters patent against the order passed in W.P.No.19709/1992 on the file of this Hon'ble Court passed by His Lordship Mr.Justice E.Padmanaban dated 26.7.2001. W.P.19709/92 This writ petition filed under article 226 of Constitution of India praying for the issuance of a "Writ of Certiorari" calling for the records relating to R.C.No.3262/F1/79/CWC dated 16.11.1992 passed by the special Officer, Tamil Nadu Wakf Board, Madras-4 and quash the same. for appellant : Mr.A.R.Nixon for respondents : Mr.A.S.Kaizer (for R1) No appearance for R2 https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT (Judgment of the Court was delivered by ELIPE DHARMA RAO,J.) Aggrieved against the order passed by the learned single Judge dismissing the writ petition which was filed against the order of the first respondent dated 16.11.1992 the present writ appeal is filed by the appellant/writ petitioner. 2. A loan was granted to Muslim Jamath Executive Committee, Sankaran Koil, Tirunelveli District-the appellant, by the Central Wakf Council, New Delhi through Tamil Nadu Wakf Board and the appellant failed to remit the arrears of loan. A show cause notice was issued to the appellant and the appellant filed explanation for the same. An enquiry was also taken place. The Central Wakf Council had sanctioned and released a sum of Rs.36.00 lakhs for the construction of shopping complex, Shadi Mahal etc., in a land situated in S.No.368/3 and 4 and a sum of Rs.6.00 lakhs for the construction of shopping complex in S.No.368/17, Sankarankoil, Tirunelveli District being the development loan under the scheme of Development of Urban Wakf Property to the President, Muslim Jamath Executive Committee, Sankarankoil, Tirunelveli District. After giving elaborate consideration, the impugned order was passed stating that it is clearly proved that the Committee has deliberately failed to carryout the directions of the Board in having not cared to remit the arrears of loan amount to the Central Wakf Council and made the first borrower, the Tamil Nadu Wakf Board in a deligated position and hence taking into consideration of the above fact and with a view to take steps to clear the loan arrears due to the Central Wakf Council, New Delhi, the 1st respondent appointed a Superintendent of Wakfs, Tirunelveli as Executive Officer along with the Existing Committee under section 15(2)(a) of the Central Wakf Act, 1954 to manage the properties developed with the development loan amount obtained from the Central Wakf Council through the Tamil Nadu Wakf Board till the loan arrears are completely cleared. Aggrieved by the impugned order the writ petition is filed. The learned single Judge on consideration of the facts and circumstances dismissed the writ petition and confirmed the order impugned in the writ petition. Against which the present Writ Appeal is filed. 3. When the Writ Appeal came up for final disposal the learned counsel for the appellant submits that under written instructions there is due of Rs.3,00,000/- and if some time is granted they will clear the amount. But, on the other hand, the learned counsel appearing for the Tamil Nadu Wakf Board disputed the above. 4. Though the matter was adjourned, no information is placed before this Court. The learned counsel appearing for the appellant https://hcservices.ecourts.gov.in/hcservices/ came forward with the information that the due amount is Rs.3,00,000/- and requested some more time to pay the said amount. 5. In such circumstances, we consider it appropriate if any amount more than Rs.3 lakhs is due, it shall be paid within a period of four weeks from the date of receipt of the copy of the order, failing which the impugned order will continue in force. 6. The Writ Appeal is disposed of. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar sal To 1.The Special Officer, Tamil Nadu Wakf Board Santhome High Road Madras 4 2.The Superintendent of Wakf Tirunelveli Zone Tirunelveli +1 cc To Mr.A.R.Nixon, Advocate, SR.20917 +1 cc To Mr.A.S.Kaizer, Advocate, SR.20798 W.A.No.1581/2001 ck [co] gkg/29.4 https://hcservices.ecourts.gov.in/hcservices/