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Madras High CourtWP/11167/2019disposed of

A.Ayub Khan v. The Chairman,

2019-04-11Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11167 of 2019 and W.M.P.No.11564 of 2019 A.Ayub Khan

...Petitioner

Vs.

1.The Chairman Tamil Nadu Wakf Board Jaffer Sarang Street Seethakathi Nagar, Vallal, George Town Chennai.

2.The President Big Kancheepuram Sunnath Jammath Jumma Masjid No.22, Salai Street, Kancheepuram - 631 502.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's representation dated 24.11.2018 and consequently, directing the 2nd respondent to allow to continue as a Muthavalli till my tenure expired i.e. 26.03.2021.

For Petitioner :

Mr.A.S.Vijayaraghavan For Respondents :

Mr.Md.Aseef, for R1

O R D E R

Mr.Md.Aseef, learned counsel takes notice for the first respondent.

2. The petitioner seeks for a mandamus directing the 1st respondent to dispose of his representation dated 24.11.2018 and consequently, directing the 2nd respondent to allow him to continue as a Muthvalli till his tenure period i.e. 26.03.2021. https://hcservices.ecourts.gov.in/hcservices/

3. It seems that the petitioner by way of the present writ petition seeks to challenge the order passed by the 2nd respondent, removing the petitioner from the post of Muthavalli.

4. Needless to say that, if the petitioner is aggrieved against the said order, he has to prefer an appeal before the 1st respondent.

Without doing so, merely, giving a representation will not serve any purpose. Therefore, this writ petition is disposed of, by granting liberty to the petitioner to file such an appeal before the 1st respondent in accordance with the procedure contemplated. It is also made clear that this Court is not expressing any view on the merits of the claim made by the petitioner against his removal, since this writ petition is disposed of without issuing notice to the 2nd respondent. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar mk To 1.The Chairman Tamil Nadu Wakf Board Jaffer Sarang Street Seethakathi Nagar, Vallal, George Town Chennai.

+1 cc to Mr.A.S.Vijayaraghavan, Advocate, S.R.No.36547 W.P.No.11167 of 2019 NRJK(CO) SSM(22/05/2019).

https://hcservices.ecourts.gov.in/hcservices/