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Madras High CourtWP/15116/2015disposed of

Mohideen Mosque Inam Wakf v. The State Of Tamil Nadu,

2023-03-13Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Writ Petition No.15116 of 2015 and M.P.Nos.1 & 2 of 2015 Mohideen Mosque Inam Wakf (G.S.248/MDU), Rep. by its Hereditary Muttawalli, B.Sattar, Door No.2-187, Pallivasal St.

Thummalapatti, Kanavoipatti (via) Nilakottai Tk. Dindugal District.

...Petitioner

-Vs1. The State of Tamil Nadu, Rep. by Principal Secretary to Government, Backward Classes, Most Backward Classes and Minorites Welfare (T2) Department, Fort St. George Chennai 600 009.

2. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Seethakathi Nagar, Mannady, Chennai 600 001.

3. The Tamil Nadu Wakf Board, Rep.by its Chief Executive Officer, No.1, Jaffar Sarang Street, Seethakathi Nagar, Mannady, Chennai 600 001.

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4. The Wakf Superintendent, Madurai Zone, No.1, Town Hall Road, Pallivasal Complex, 2nd floor, Madurai 625 001.

5. Sirajuddin

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 6.5.2015 passed in G.O.(D) No.17 B.C. MBC and Minorities Welfare (T2) Department by the 1st Respondent confirming the resolution made in Item No.51/13 made in Na.Ka.No. 11196/12/B8 DGL dt.12.09.2013 passed by the 2nd Respondent on 30.12.2013 and conseqeuntial notification published in the Tamil Nadu Government Gazette Part VI Section 3(a) dt. 19.02.2014 by the 3rd Respondent and the consequential notice made in Na.Ka. No. G.S. 248 / Va.ka / Madurai / 2014 dt.26.02.2014 issued by the 4th Respondent and quash the same and consequently forbearing the Respondents from taking over the administration and management of the petitioner Dargah naemly Mohideen Mosque Inam Wakf (G.S.248/Mdu) situated at G.Thummalapatti hamlet, Kanvoipatti Village Nilakottai Taluk, Dindigul District.

For Petitioner : Mr.G.Ethirajulu For Respondents :

(for R1) : Mr.Abishek Murthy, Gov.Advocate (for R2 & R3) : Mr.Avinash Wadhwani forbearing Mrs.V.Srimathi (for R4) : No Appearance (for R5) : Mrs.A.Alimath Begum 2/5

ORDER

The order impugned dated 12.09.2013 states that the petitioner Wakf had been taken over under Section 65 of the Wakf Act for the period of one year from the date of publication in the Government Gazette which was made on 06.05.2015.

2.Since, the period expired long back, the order impugned lost its force. Thus, no further adjudication needs to be undertaken and in respect of the grounds raised in the present writ petition. If at all, any grievance exist to the petitioner, they are at liberty to redress the same in the manner known to law.

3.Accordingly, the petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 13.03.2023 Index:Yes Speaking order/Non-speaking order sha NOTE: Issue the order copy on 13.03.2023.

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To

1. The State of Tamil Nadu, Rep. by Principal Secretary to Government, Backward Classes, Most Backward Classes and Minorites Welfare (T2) Department, Fort St. George Chennai 600 009.

2. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Seethakathi Nagar, Mannady, Chennai 600 001.

3. The Tamil Nadu Wakf Board, Rep.by its Chief Executive Officer, No.1, Jaffar Sarang Street, Seethakathi Nagar, Mannady, Chennai 600 001.

4. The Wakf Superintendent, Madurai Zone, No.1, Town Hall Road, Pallivasal Complex, 2nd floor, Madurai 625 001.

5. Mohideen Mosque Inam Wakf (G.S.248/MDU), Rep. by its Hereditary Muttawalli, B.Sattar, Door No.2-187, Pallivasal St.

Thummalapatti, Kanavoipatti (via) Nilakottai Tk. Dindugal District.

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S.M.SUBRAMANIAM, J.

sha Writ Petition No.15116 of 2015 and M.P.Nos.1 & 2 of 2015 13.03.2023 5/5