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Madras High CourtWP/17968/2013dismissed as infructuous

Y.Mohamed Ismail Marecar v. Union Of India

2020-03-11Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.17968 of 2013 and M.P.No.1 of 2013 Y.Mohamed Ismail Marcar

...Petitioner

Vs 1.Union of India, U.T of Puducherry, Rep by the Secretary to Government, Revenue (HRI & Wakf) Department, Government of Puducherry, Puducherry - 605 001.

2.Under Secretary to Government (Wakf), Revenue (HRI & Wakf) Department, Government of Puducherry, Puducherry-605 001.

3.Pondicherry State Wakf Board, Rep by its Chairman, Government of Puducherry, 5.Y.V.Pillai Street, Puducherry 605 001 4.A.Charafouddine Pondicherry State Wakf Board, Government of Puducherry, 5, Y.V.Pillai Street, Puducherry 605 001

...Respondents

Prayer: Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Quo-warranto directing the respondents to show under what authority the fourth respondent is holding the Office of the Chief-Executive Officercum-Ex-Officio Secretary of the third respondent-Wakf Board and discharging its powers, duties and functions.

For Petitioner : Mr.K.P.Jotheeswaran For Respondents : Mr.D.Ravichander 1 to 3 AGP (Pondichery) For Respondent4 : Mr.Avinash Wadhvani for Mr.V.Raghavachari

O R D E R

The petitioner has filed the above Writ Petition seeking to issue a Writ of Quo-warranto to direct the respondents to show under what authority the fourth respondent is holding the Office of the Chief-Executive Officer-cum-Ex-Officio Secretary of the third respondent-Wakf Board and discharging its powers, duties and functions.

2. When the matter is called, the learned counsel for the petitioner has produced a Government Order in G.O.Ms.No.47, Department of Personnel and Administrative Reforms (Personal Wing) dated 24.07.2013, as per which, one Mr.L.Mohamed Mansoor, PCS (JAG) has been appointed as Chief Executive Officer - cum - Ex-Officio Secretary, Puducherry State Wakf Board and yet another Certificate of transfer of Charge was also produced, which states that the fourth respondent herein had handed over the charge to the newly appointed Chief Executive Officer-CumSecretary, Puducherry State Wakf Board, Puducherry to G.O.(Ms). No.47 dated 24.07.2013, on 30.07.2013 afternoon.

3. In view of the above development, nothing survives for further adjudication in this Writ Petition. According, the Writ Petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn

To 1.The Secretary to Government, Union of India, U.T of Puducherry, Revenue (HRI & Wakf) Department, Government of Puducherry, Puducherry - 605 001.

2.Under Secretary to Government (Wakf), Revenue (HRI & Wakf) Department, Government of Puducherry, Puducherry-605 001.

3.The Chairman, Pondicherry State Wakf Board, Government of Puducherry, 5.Y.V.Pillai Street, Puducherry 605 001 4.A.Charafouddine Pondicherry State Wakf Board, Government of Puducherry, 5,Y.V.Pillai Street, Puducherry 605 001 +1cc to Mr.K.P.Jotheeswaran, Advocate, S.R.No.21961 +1cc to Mr.V.Raghavachari, Advocate, S.R.No.21860 +1cc to the Government Pleader, S.R.No.21986 W.P.No.17968 of 2013 and M.P.No.1 of 2013 RSV(CO) RN(13/07/2020)