Mohamed Hasan Kuthus Sahib v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.8327 of 2022 Mohamed Hasan Kuthus Sahib Son of Shahul Hameed Sahib Nagore Dargha Share Holder and Hereditary Atheenam No.100, Mohideen Palli Street, 1st Lane, Nagore - 611 002, Nagappattinam District.
...Petitioner
Vs 1.The Principal Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort.St.George, Chennai - 600 009.
2.The Home Secretary, Home Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.
3.Tamilnadu Wakf Board, Represented by The Chief Executive Officer, No.1, JafferSyrang Street, Mannady, Chennai - 600 001.
4.Shri.S.F.Akbar Adhoc Administrator of Nagore Dargha, Plot No.4, Fathima Akber Villa, Pillaiyar Koil 4th Cross Street, Ramappa Nagar, Perungudi, Chennai - 600 096.
5.Shri.K.Allauddin Adhoc Administrator of Nagore Dargha, No.31, 1st Street, H Block,12th Main Road, Anna Nagar, Chennai - 600 040.
... Respondents
Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the CBCID Department to conduct a fair and impartial enquiry about the mis-management of Nagore Dargah by the Adhoc Administrators (4th and 5th respondent herein) and about the loss caused by them to the Wakf.
For Petitioner : Mr.A.S.Vijayaragavan For R2 : Mr.S.Sugandhan Government Advocate (Crl.side) For R3 : Mr.R.Abdul Mubeen
ORDER
The learned counsel appearing for the petitioner after elaborate arguments seeks permission of this Court to withdraw the Writ Petition with liberty to file fresh Writ Petition depending upon the decision of the Hon'ble First Bench of this Court in W.A.No.327 of 2022 and made an endorsement to that effect.
2.The learned counsel appearing for the 3rd respondent submitted that after disposal, W.A.No.327 of 2022 is listed today i.e 06.04.2022. The Hon'ble First Bench of this Court suo motu re-opened the Writ Appeal, for the irregularities committed by the respondents 4 and 5, 3.Recording the submission made by the learned counsel appearing for the petitioner as well as the 3rd respondent and the endorsement made by the learned counsel appearing for the petitioner, the Writ Petition is dismissed as withdrawn. It is open to the petitioner to file fresh Writ Petition depending upon the decision made in W.A.No.327 of 2022. No costs. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar rst
To:
1.The Principal Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort.St.George, Chennai - 600 009.
2.The Home Secretary, Home Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.
3.Tamilnadu Wakf Board, Represented by The Chief Executive Officer, No.1, JafferSyrang Street, Mannady, Chennai - 600 001.
4.Shri.S.F.Akbar Adhoc Administrator of Nagore Dargha, Plot No.4, Fathima Akber Villa, Pillaiyar Koil 4th Cross Street, Ramappa Nagar, Perungudi, Chennai - 600 096.
5.Shri.K.Allauddin Adhoc Administrator of Nagore Dargha, No.31, 1st Street, H Block,12th Main Road, Anna Nagar, Chennai - 600 040.
W.P.No.8327 of 2022 GSM(CO) CB(28/04/2022)