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Tamil Nadu

Furnish copy of complaint with summons, Madras HC tells Waqf Board

It can be seen that there are several writ petitions filed against the Waqf Board for furnishing a copy of the complaint whenever they call persons to attend an enquiry, he said.

Express News Service

CHENNAI: Expressing displeasure over frequent litigations arising from the failure of Waqf Board officials to furnish copies of complaints while issuing summons, the Madras High Court has directed the Chief Executive Officer of the board to ensure that due process is followed during enquiries.

Justice D Bharatha Chakravarthy issued the direction while disposing of a petition filed by the Dhargha Shariff Committee of the Town Gumbath Dhargha in Tirupattur, which sought a direction to the Waqf Board to furnish a copy of the complaint based on which the summons was issued to the committee.

Referring to the submissions of advocate I Abdul Basith, appearing for the petitioner, the judge said that it is needless to state that if a summons for an enquiry is issued based on a complaint, a copy of the complaint has to be furnished to the particular person.

It can be seen that there are several writ petitions filed against the Waqf Board for furnishing a copy of the complaint whenever they call persons to attend an enquiry, he said.

“Therefore, the Chief Executive Officer of the Waqf Board is requested that whenever they issue summons with reference to any enquiry, a copy of the complaint shall also be enclosed along with the summons so that the party attending the enquiry will also come prepared with his version to face the enquiry,” the judge said in the order.

Stating that such unnecessary litigations of this kind can also be avoided, he noted that such litigations would create unnecessary financial burden on the board, apart from causing burden on the courts.

The judge directed the authorities concerned to furnish a copy of the complaint to the petitioner.

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