A.R Abdul Thurab v. Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

The Hon'ble Mr.Justice Krishnan Ramasamy C.R.P (NPD)No.1696 of 2015 and M.P.No.1 of 2015 A.R.Abdul Thurab .. Revision Petitioner vs.

1.Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakadhi Nagar, Chennai 600 001.

Jb.Abdul Rasheed (Deceased) 2.Jb.M.Hussainy Basha 3.Jb.R.Abdul Mubeen Jb.Abdul Karim (Deceased)

4. Jb.Abdul Nawab Jb.Abdul Maqbool (Deceased)

5. Jba.Hussainabee

6. Jba.Mumtaj Bee Jba.Shajadi Bee (Deceased)

7. M.Basheer ..Respondents 1/6

PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India as against the fair and decreetal order as made in O.A.No.9 of 2009 dated 06.04.2015 on the file of the Wakf Tribunal/I Assistant Judge, City Civil Court, Chennai confirming the order made in W.E.A.No.12/2006/E5, Chennai in item No.79 of 2007 dated 27.11.2007 pronounced on 26.02.2009 on the file of the first respondent/Wakf Board. For Revision Petitioner - M/S.R.Karthikeyan, No appearance For Respondents R1 - Mr.Mohammed Fayaz Ali R2 - No appearance R3 - Mr.R.Abdul Mubeen in person R4 - Died (Steps Due) R5 - Mr.N.A.Nissar Ahmed R6 & R7 - Refused

O R D E R

This Civil Revision Petition is filed against the order made in O.A.No.9 of 2009, dated 06.04.2015 on the file of the Wakf Tribunal/I Assistant Judge, City Civil Court, Chennai.

2/6

2. When the matter is taken up for hearing today, none appeared on behalf of the revision petitioner. However, Mr.N.A.Nizzar Ahmed, the learned counsel appearing for fifth respondent submits that, Tamil Nadu Wakf Board/first respondent, vide Order passed in W.E.A.No.12 of 2006, dated 26.02.2009, appointed the revision petitioner as Muthavalli along with five other committee members as Joint Muthavallis. Challenging the order of the first respondent/Wakf Board, the revision petitioner filed an Original Appeal before the Wakf Tribunal.

3. The Wakf Tribunal, by order, dated 06.04.2015, recorded that since the period of Muthavalliship of the revision petitioner was only for three years, i.e. w.e.f. 26.02.2009 to 25.02.2012, and the said three years tenure period was already over, there is no merit in the Appeal and dismissed the same. Challenging the said order, the present Revision Petition is filed.

4. Since the appointment of the revision petitioner as Muthavalli and five other Committee members as Joint Muthavaliis made by the first 3/6

respondent/Wakf Board was expired as early as on 2012 itself, probably, that might be the reason, why, the revision petitioner failed to appear before this Court and also not taken steps to contest the matter.

5. Thus, taking into consideration that the Civil Revision Petition is pending for the past six years, and in the absence of any interest shown by the revision petitioner, to prosecute the case, no useful purpose would be achieved in listing the matter again and again.

6. Hence, this Civil Revision Petition is dismissed for non prosecution. No costs. Consequently, connected Miscellaneous Petition stands closed.

23.09.2021 Index: Yes/No Speaking/Non-speaking Order sd 4/6

To The Wakf Tribunal/I Assistant Judge, City Civil Court, Chennai.

5/6

Krishnan Ramasamy, J., sd C.R.P (NPD)No.1696 of 2015 23.09.2021 6/6