Unfair Treatment and Misrepresentation by Wakf Board – Urgent Assistance Needed

Facing unfair rent hikes, eviction threats, and possible impersonation by a fake Mutawalli? Social worker seeks legal help for 50-60 tenants in Nellikuppam, Cuddalore. Secure your rights and challenge the Wakf Board with legal representation. Get expert advice to protect your tenancy in a Wakf property.

Unfair Treatment of Tenants in Wakf Board Property: Seeking Legal Help

Background

I am a social worker representing 50-60 families residing in a Wakf property in Nellikuppam, Cuddalore, for the past 32 years. Recently, the tenants faced unfair treatment from a person claiming to be the Mutawalli.

Unreasonable Demands and Threats

The tenants received a meeting notice from the alleged Mutawalli, who de​manded unreasonable rent hikes and advances. Threats to cut electricity supply coerced some tenants into making payments unwillingly. Additionally, a specific group received a demolition notice demanding a hefty sum to avoid eviction.

Seeking Transparency and Facing Bias

We filed an RTI application with the Tamil Nadu Wakf Board to verify the Mutawalli's identity. The response revealed that the individual making these demands was not the authorized Mutawalli, raising suspicion of collusion. Despite our efforts, the Wakf Board, backed by the Municipal Corporation, dismissed our concerns and showed bias towards the alleged Mutawalli. Furthermore, information obtained from the Corporation indicates that the demanded rent is above average rates in the area.

Request for Legal Assistance

Therefore, we kindly request your assistance in:

1. Sending legal representation letters and notices to the Wakf Board and the impersonator.
2. Possibly filing a Writ Petition in the High Court challenging the Wakf Board's actions and the misrepresentation of the true Mutawalli.

Your expertise is crucial in ensuring the rights and well-being of the affected tenants. We appreciate your prompt attention to this matter.

Legal Course of Action

Based on the facts presented, we recommend the following course of action:

1. Notice to Wakf Board and Impersonator: We will draft and send legal notices to the Wakf Board and the individual impersonating the Mutawalli. These notices will outline the facts, highlight the illegality of their actions, and demand that they cease all harassment and intimidation tactics.
2. Writ Petition in High Court: We will file a Writ Petition in the High Court challenging the actions of the Wakf Board. The petition will likely allege:
   • Violation of Tenants' Rights: The Wakf Board has a legal duty to act fairly and in accordance with the law. Their actions violate the tenants' right to peaceful enjoyment of the property and protection from unreasonable rent hikes and eviction threats.
   • Misrepresentation of Mutawalli: The impersonator's actions constitute misrepresentation and potentially fraud. The petition will seek to establish the true Mutawalli's identity and hold them accountable for any collusion with the impersonator.
   • Excessive Rent Demands: The petition will challenge the demanded rent as exceeding fair market value and exceeding the average rent rates in the area.

ConclusionThis course of legal action aims to protect the tenants' rights, ensure fair treatment from the Wakf Board, and expose any wrongdoing by the impersonator and potentially the actual Mutawalli. We are confident that the legal system will uphold the tenants' rights and provide them with a just resolution.

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Central Waqf Council