(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to publish the resolutions of the Tamil Nadu Waqf Board in electronic from in a public domain along with the majority and dissenting opinions within the time that may be prescribed by this Honble Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.)

The writ petition is filed for a mandamus directing the respondents to publish the resolutions of the Tamil Nadu Waqf Board in electronic form in a public domain along with the majority and dissenting opinions within the time that may be prescribed by this Hon'ble Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the Secretary of one of the Waqfs. It is contended that, when the Waqf Board is vested with statutory powers which are required to be exercised in a transparent manner with regard to the administration of Waqfs, and when no issue of confidentiality is involved, the matter would fall within the ambit of the right to information of persons interested in the Waqf.

3. Per contra, the learned counsel appearing on behalf of the Waqf Board would submit that it is for the Waqf Board to take a decision on the issue. The Waqf Board disputes the claim of the petitioner as to whether he is the Secretary of the particular Waqf. Therefore, according to the learned counsel, the relief sought for by the petitioner cannot be granted.

4. In reply, the learned counsel appearing for the petitioner would submit that, even in connected proceedings, including the compensation application, the petitioner had acted as the Secretary of the said Waqf.

5. I have considered the rival submissions made on either side and perused the materials available on record.

6. As regards the question whether the petitioner is the Secretary of the Waqf or not, the same need not be finally decided in the present writ petition, as the issue is not germane to the matter on hand. Suffice it to state that the petitioner is, at any rate, a person interested in the Waqf.

7. The prayer sought for is innocuous in nature. The petitioner merely seeks a writ of mandamus directing the Waqf Board to upload its resolutions and other decisions on its official website. Though the learned counsel for the Waqf Board would contend that it is for the Board to take a decision in this regard, this Court, both at the Principal Seat and the Madurai Bench, has on several occasions entertained writ petitions where only a simple notice had been issued to the concerned parties calling upon them to attend an enquiry.

8. In many such cases, the relevant records, including the resolutions of the Waqf Board, are not readily available to the parties. Consequently, directions are issued to furnish those documents, which often results in a second round of litigation. The Waqf Board is also compelled to engage counsel and incur legal expenses in relation to such proceedings.

9. Under the provisions of the Waqf Act, 1995, various powers and functions are conferred upon the Board. Section 32 specifically enjoins upon the Waqf Board the duty to exercise general superintendence over all Waqfs and to ensure their proper maintenance, control, and administration, as well as to ensure that the income thereof is duly applied to the objects and purposes for which the Waqfs were created.

10. Section 32A also mandates the maintenance of records containing information relating to the origin, income, objects, and beneficiaries of every Waqf under the supervision of the Board. Insofar as the administration of Waqfs is concerned, whenever resolutions or orders are passed by the Board, the same ought to be placed in the public domain so that the relevant information is disseminated to all stakeholders.

11. It is already stated that the Waqf Board maintains an official website with the domain address tnwb.tn.gov.in. Therefore, no prejudice whatsoever would be caused to the Waqf Board if such information is made available on the website. On the contrary, it would promote transparency and facilitate better administration of Waqfs throughout the of Tamil Nadu. Accordingly, it would be appropriate for the Waqf Board to create a webpage/permission in its website and upload all resolutions and other administrative orders passed by it from time to time.

12. In view thereof, the writ petition is ordered on the following terms:-

                          i. The 2nd respondent Board is directed to publish all resolutions and other orders passed by it on its official website, so that any person interested in the Waqf, as well as members of the general public, may view or download the same.

                          ii. The aforesaid exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

                          iii. No costs.