The Madras High Court has directed the Tamil Nadu Government to take a stand on the draft rules proposed by the Wakf Board expeditiously and file its compliance report in September.
The First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan gave the direction yesterday on a PIL by one K Madhu seeking the government to take necessary steps to constitute the Wakf Tribunal consisting of three members by issuing notification within a stipulated time.
"The draft rules have already been proposed by Wakf Board and sent to the State Government. We would have expected the government to take a stand that they will do so expeditiously rather than pleading for a prolonged period of time to be consumed over a non-complicated issue."
The question of selection of persons would arise only after the rules have been framed and notified and we expect this process to be completed within three months.
Madhu is one of the partners of M/s Million Foundations, which has purchased a property at Linghi Chetty Street in the city on February 5, 2007.
After the purchase of the property, the Wakf Board claimed that it their property.
Madhu challenged the claim before the Wakf Tribunal, which is pending for consideration.
He submitted that as per the amended Wakf Act of November 1, 2013, it was the mandatory duty of the Government to constitute the Wakf Tribunal consisting of three members by issuing notification.
The Supreme Court had also issued a direction in 2015 to all state Governments to take steps for constituting the three members Wakf Tribunal.
In spite of the direction, the Government had not taken any serious steps to constitute the three members of Wakf Tribunal, he submitted.
B R Ravindran Deputy, Secretary to Backward Classes, Most Backward Classes and Minorities Welfare Department, filed a counter Stating that formation and running of Tribunal requires concurrence of several departments and sought for eight months time to complete the entire process.
The directed the government to file the compliance report on September 21.
