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Madras High CourtWP/9883/2013disposed of

Janab N.L.Khaja Kamaludeen v. The Tamilnadu Wakf Board

2021-10-25Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.9883 OF 2013 AND M.P.NO.2 OF 2013 Janab N.L.Khaja Kamaludeen ... Petitioner .Vs.

1. The Tamil Nadu Wakf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Executive Officer, In-charge, Anjuman-e-Mohammedi Wakf, Villivakkam, Chennai - 600 049.

4.Janab H.Mohamed Habibullah ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the 1st respondent in the resolution passed by the 1st respondent in Ref.No.102/12 and Na.Ka.No.15035/05/A4/Thilur dated 27.11.2012 and quash the said order dated 27.11.2012 as arbitrary, illegal, in violation of principle of natural justice and void ab initio.

For Petitioner : Mr.L.Gavaskar For R1 to R3 : Ms.S.A.Mahisha Kirthika for Mr.S.Haja Mohideen Gisthi For R4 : Dismissed vide Court order dated 15.12.2014

O R D E R

(Through Video Conferencing) The relief sought for in the present writ petition is to call for the records of the 1st respondent in the resolution passed by the 1st respondent in Ref.No.102/12 and Na.Ka.No.15035/05/A4/Thilur, dated 27.11.2012, and quash the said order, dated 27.11.2012, as arbitrary, illegal, in violation of principles of natural justice and void ab initio. 2.As per the provisions of the Wakf Act, the Direct Management can be imposed for a period of five years. As far as the present writ petition is concerned, the Tamil Nadu Wakf Board passed an order in proceedings, dated 27.11.2012, and the period of five years has already lapsed. Thus, no further consideration is required in respect of the grounds raised in the writ petition and accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jeni/mkn To

1. The Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Executive Officer, In-charge, Anjuman-e-Mohammedi Wakf, Villivakkam, Chennai - 600 049.

W.P.No.9883 of 2013 AJS(CO) PM/17/11/2021