(Order of the Court was made by The Hon'ble Chief Justice) On perusal of the counter-affidavit, it transpires that qua 71 encroachers out of 78 encroachers at Wakf property, orders have been passed, while for the remaining 7, notices have been issued.
2.Learned counsel for the Wakf Board states that in view of the provisions of Section 54 (4) of the Wakf Act, 1995, it is the Tribunal which has to take steps for eviction, for which the Chief Executive Officer has to move the Tribunal. In this behalf, it is informed that the practice is that the Muthavalli gets the plaint prepared which is then handed over for signatures to the Chief Executive Officer, who will, in turn, present the same before the Tribunal.
3.The aforesaid action be, thus, completed expeditiously.
Writ petition is, accordingly, closed. No costs.
(S.K.K., CJ.) (M.S., J.) 18.01.2017 Index : Yes/No Website : Yes/No sra To
1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrarng Street, Vallal Seethakadhi Nagar, Chennai 600 001.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrarng Street, Vallal Seethakadhi Nagar, Chennai 600 001.
The Hon'ble Chief Justice and M.Sundar, J.
(sra) W.P.No.35877 of 2016 18.01.2017 http://www.judis.nic.in