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Madras High CourtWP/25994/2005disposed of

A.Mohamed Aliyar v. The Tamil Nadu Wakf Board

2018-12-14Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.25994 of 2005 and W.P.M.P.No.28415 of 2005 1.A.Mohamed Aliyar 2.M.Kathija Ammal 3.J.Ameerathul Jahan 4.M.Anvar Sadiq 5.s.Hajara Benu 6.M.Sithi Jaleela Begum ..Petitioners Vs 1.The Tamil Nadu Wakf Board, rep.by its Chief Executive Officer, New.No.7 Old No.4, IX Cross Street, Adyar, Indira Nagar, Chennai20.

2.The Superintendent of Wakfs, Ranabathapuram, Office of the Superintendent of Wakfs.

56 Q.3 Goodshed Street, Anna Nagar, Velipattinam, Ramanathapuram.

3.The District Collector, Ramanathapuram.

4.The Revenue Divisional Officer, Ramanathapuram.

5.M.S.Rahamathullah President, Vadkkutheru Jamath North Street, Vedalai, Ramanathapuram 623 804.

6.O.M.S.Segappa, Vice President, Vadakkutheru Jamath, Middle Street, Vedalai, Ramanathapuram 623804.

7.A.M.Meera Sahib Secretary, Vadakkutheru Jamath North Street, Vedalai, Ramanathapuram 623804.

Armed Reserve, City Police, Egmore, Chennai 8.

8.Hameed Farook, Assistant Secretary, Vadakkutheru Jamath North Street, Vedalai, Ramanathapuram 623804.

9.Mustafa Kamal, Treasurer Vadakkutheru Jamath Middle Street, Vedalai, Ramanathapuram 623804.

10.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to forbear the respondents 5 to 9 from committing any acts of ex-communication against the petitioners by way of disposing the petitioners complaint dated 09.05.2003 in RC.1058/B2/RMD/03, within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.Mohamed Habeeb Raja For Respondents : Mr.A.S.Kaizer for R1 Mr.G.B.Rajesh Government Advocate for R3, R4 & R10.

Mr.V.Raghavachari for R5 TO R9 R2-No appearance.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the first respondent to forbear the respondents 5 to 9 from committing any act of excommunication against the petitioners by disposing the petitioners complaint dated 09.05.2003.

2.The matter is now taken up after a lapse of about 13 years. Efflux of time would have changed the minds of the people. With this hope, this Court is of the opinion that the issue that arouse during the year 2005 may not exist at this length of time. If at all any grievances exists to the writ petitioners, then it is left open to them and to approach the appropriate authorities, in the manner known to law.

3.With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vkr/tar 1.The Tamil Nadu Wakf Board, rep.by its Chief Executive Officer, New.No.7 Old No.4, IX Cross Street, Adyar, Indira Nagar, Chennai20.

2.The Superintendent of Wakfs, Ranabathapuram, Office of the Superintendent of Wakfs.

56 Q.3 Goodshed Street, Anna Nagar, Velipattinam, Ramanathapuram.

3.The District Collector, Ramanathapuram.

4.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram.

+1 CC TO GOVERNMENT PLEADER SR.NO. 87845 +1cc to Mr.V.Raghavachari , Advocate SR.No. 87173 W.P.No.25994 of 2005 and W.P.M.P.No.28415 of 2005 A.SK(30/01/2019)