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Madras High CourtWP/4708/2017closed

Premavathy, v. Puducherry State Wakf Board,

2017-06-12Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.4708 of 2017 & W.M.P. Nos. 4936 & 4937 of 2017

1. Premavathy

2. Sangeetha ... Petitioners v.

1.Puducherry State Wakf Board Rep. by its CEO cum Secretary, No.1 and 3, 3rd Floor, Yanam Venakatachalam Pillai Street, Puducherry.

2.The Secretary, The Management Committee - (Auqaf) Dargah OFfice, Mastan Palli Street, Karaikal - 609 602 ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorari calling for the records relating to the impugned proceedings passed in No.33/PSWB/CEO/2014-16, dated 11.11.2016 on the file of the 1st respondent herein and the consequent letter dated 04.02.2017 on the file of the 2nd respondent herein and quash the same. For Petitioners : Mr. K. Govi Ganesan

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of Certiorari to call for the records of the impugned proceedings dated 11.11.2016, on the file of the first respondent and the consequential letter dated 04.02.2017, on the file of the second respondent, and to quash the same.

2. Since the petitioner has got a remedy of appeal before the Wakf Tribunal, the writ petition filed under Article 226 of the Constitution of India, is not maintainable. Therefore, the petitioner is given liberty to challenge the impugned orders before the Wakf Tribunal in accordance with law, within a https://hcservices.ecourts.gov.in/hcservices/

period of two weeks from the date of receipt of copy of this order. Till the date of filing of the Appeal before the Wakf Tribunal, the parties are directed to maintain status quo. With these observations, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nl To 1.The CEO cum Secretary, Puducherry State Wakf Board No.1 and 3, 3rd Floor, Yanam Venakatachalam Pillai Street, Puducherry.

2.The Secretary, The Management Committee - (Auqaf) Dargah Office, Mastan Palli Street, Karaikal - 609 602.

+1cc to Mr.K.Govi Ganesan, Advocate Sr.41592 W.P.No.4708 of 2017 and W.M.P. Nos. 4936 & 4937 of 2017 nm[co] srg 22/06/2017 https://hcservices.ecourts.gov.in/hcservices/