Alhaj V. Sheik Abdul Khader v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of July Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE M. SATHYANARAYANAN AND THE HON`BLE MR JUSTICE N. SESHASAYEE CMP No.11814 of 2017 IN CRP.938/2010 1 ALHAJ V. SHEIK ABDUL KHADER [ PETITIONERS ] S/O. VAPU LABBAI SAHIBM NO. 2/37, KALMADU STREET, NAGOOR 2 V.SYED MOHAMMED HUSSAIN SABIB, S/O. V. GHOUSE HUSSAIN SAHIB, NO.
11/10-A, KALMARK STREET, NAGOOR -611 002 3 SYED PEER MOHAMMED SAHIB, S/O. HAJI MOHAMMED ALI SAHIB, NO.45, KALMARK STREET, NAGOOR -611002 Vs 1 THE TAMIL NADU WAKF BOARD [ RESPONDENTS ] REP BY ITS CHIEF EXECUTIVE OFFICER, NO. 1, JAFFER SYRANG STREET, VALLA SEETHAKATHI NAGAR, CHENNAI -600 001 2 NAGOOR DARGAH, REP. BY ITS TRUSTES, MUHALLI MUTHAVALLI K.
MOHAMMED KHALIFA DARGAH MANAGING TRUSTEE 3 M.S. SYED ABDUL FATAH SAHIB 4 M.S. MOHAMMED ABUBACKER SAHIB 5 S.A. SHEIK HELAN SAHIB 6 S.M. SYED HAJA MOHIDEEN SAHIB 7 S.M.B. SULTHAN KABEER SAHIB @ MINAR SAHIB,
8 HAJEE S. SULTHAN BAVA SAHIB 9 HAJI MUHALLI H. HAJA VAMBJOOR FAKIR SAHIB KHADIN 10 THE MANAGER NAGOOR DARGAH 11 THE PRESIDENT DARGAH ADVISORY BOARD NAGOOR NO. 2 TO 11 HAVING OFFICE AT NAGOOR DARGAH DARGAH ROAD, NAGOOR 12 ALI HUSSAIN SAHIL FAIZI S/O GULAM AGADER SAHIB @ THAMBI SAHIB 4, DARGH KULAM MELKARAI NAGORE 611 002 as per order dt.21/07/2017 Nos. 2 to 11 having their office at Nagoor Dargah, Dargah Road, Nagoor.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to implead them herein as Respondents 12 to 14 in the above CRP(in CMP No.11814 of 2017) pending disposal of the above CRP.938/2010 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.VELUMANI, Advocate for the petitioner and of M/S. V.RAGAVACHARI, Advocate, of the Respondents the court made the following order:- [Order of the Court was made by M.SATHYANARAYANAN, J.] This petition has been filed by the petitioners/3rd parties seeking to implead them as Respondents 12 to 14 in the above Civil Revision Petition.
2. Heard both sides.
3. A perusal of the affidavit filed in support of this petition would disclose that it is not even the case of the petitioners that their interests as the persons belonging to Kasupangadargal in the Trust has not been protected for the reason that the appellant in W.A.No.1640 of 2016 is also eshausing the very same cause. Merely multiplying the respondents is of no use for the reason that this Court is called upon to adjudicate the jurisdiction aspect only.
4. In the light of the same, this Court is of the view that the impleading petition filed by the proposed respondents / petitioners, is lacks merits. If we entertain these kind of petitions, every member may seek to implead for the very same reason, which may lead to multiplication of parties.
5. In view of the same, this Miscellaneous Petition is dismissed.
-sd/- 20/07/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SCHEME JUDGE (DISTRICT JUDGE) NAGAPATTINAM C.C. to M/S.T.VELUMANI Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.11814/2017 in CRP.938/2010 Date :20/07/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (28/07/2017)