Mufti Dr. Salahuddin Mohammed v. Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.7728 of 2011 and M.P.Nos.2 and 3 of 2011 Mufti Dr.Salahuddin Mohammd Ayub ... Petitioner Vs 1.Tamil Nadu Wakf Board (Represented by its Chairman) No.1, Jaffer Saheb Street Chennai-600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Saheb Street Chennai-600 001.

3.Md.Muthair Hussain (Muthavalli) Hazrath Syed Kareemullah Sha Khadri Durga and Burial Ground No.85, Dr.Natesan Road Mylapore, Chennai-600 004.

4.Wakif Tribunal City Civil Court, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the 3rd respondent to raise any construction in the entire premises of the Hazrath Syed Kareemullah Sha Khadri Durga and Burial Ground, No.85, Dr.Natesan Road, Mylapore, Chennai-600 004.

For Petitioner :Mr.Nasser Abdullah For R1 :Mr.V.Raghavachari R2 :Dismissed vide Court order dated 11.04.2012 For R3 :Mr.Muniruddin Sheriff https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition has been filed to issue a mandamus, forbearing the 3rd respondent to raise any construction in the entire premises of the Hazrath Syed Kareemullah Sha Khadri Durga and Burial Ground, No.85, Dr.Natesan Road, Mylapore, Chennai-600 004.

2.Today, when this matter was taken up for consideration, both the learned counsel for the petitioner as well as the learned counsel for the respondents 1 and 3 fairly submitted that the dispute between the petitioner and the 3rd respondent is nothing but a private dispute and hence, nothing survives for adjudication.

3.In such view of the matter, the claim of the petitioner cannot be considered and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kj To 1.Tamil Nadu Wakf Board (Represented by its Chairman) No.1, Jaffer Saheb Street Chennai-600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Saheb Street Chennai-600 001.

3.The Wakif Tribunal City Civil Court, Chennai.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.33085 W.P.No.7728 of 2011 NMI(CO) CB(18/08/2021) https://hcservices.ecourts.gov.in/hcservices/