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Madras High CourtCRP/1026/2021dismissed

S.Abdul Jabbar v. Mohamed Ansari

2021-06-01Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP.No.1026/2021 & CMP.No.8179/2021 [Video Conferencing] 1.S.Abul Jabbar 2.A.Mohamed Saleem 3.Hameem Mustafa 4.Mohamed Rafeek 5.Abdul Razak 6.Ali Akbar 7.M.Kamaludheen 8.Sathick 9.Sathar 10.M.Sabeek 11.M.Peer Mohamed 12.H.Mohamed Yaseen 13.H.Mohamed Rayees Subiyan 14.P.Shahul Hameed 15.S.Mohamed Rasheed ..

Petitioners/ Respondents 5 to 19 Vs 1.Mr.Mohamed Ansari 2.A.S.Hallaj 3.Dawood Mydeen 4.Kaleel Rahman 5.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar Chennai 600 001.

6.The Election Officer The Superintendent of Wakf and Administrative Officer, Anchuvannam Peer, Mohammadia Muslim Wakf, Thuckalay, Kalkulam Taluk Kanyakumari District.

7.The Superintendent of Wakfs Madurai, Ramnad, Tirunelveli Division, 8.Anchuvannam Peer Mohammadia Muslim Association Jamath, Thuckalay,

Kanyakumari District through its Executive Officer, the Superintendent of Wakfs, Madurai, Ramanad, Tirunelveli Division ..

Respondents5 to 8/ Respondents1 to 4 Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, against the docket order dated 13.01.2021 passed in IA.No.367/2020 in OA.No.184/2020 on the file of the Tamil Nadu Wakf Tribunal, Chennai. For Petitioners:

Mr.T.Saikrishnan

ORDER

1.

This Revision is directed against an interim order of injunction granted by the Wakf Tribunal, on 13.01.2021 in IA.No.367/2020 in OA.No.184/2020.

2.

The grievance of the petitioners is that despite their best efforts, the Wakf Tribunal has not chosen to dispose of the injunction application.

3.

According to the learned counsel for the petitioners, even assuming that the provisions of Order 39 Rule 1 and 2 of the Code of Civil Procedure may not apply to a Wakf Tribunal, the principles stated therein would apply and the Court must have made an endeavour to dispose of the application at an early date.

4.

I do not see any reason to entertain this Civil Revision Petition at this distant point of time. The order of injunction has been in force for almost five months now. 5.

Hence, this Civil Revision Petition stands dismissed. However, the Wakf Tribunal is directed to dispose of IA.No.367/2020 in OA.No.184/2020 within a period of six weeks from the date of receipt of a copy of this order/production of it by the petitioners. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar AP

To 1.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar Chennai 600 001.

2.The Election Officer The Superintendent of Wakf and Administrative Officer, Anchuvannam Peer, Mohammadia Muslim Wakf, Thuckalay, Kalkulam Taluk Kanyakumari District.

3.The Superintendent of Wakfs Madurai, Ramnad, Tirunelveli Division, 4.Anchuvannam Peer Mohammadia Muslim Association Jamath, Thuckalay, Kanyakumari District through its Executive Officer, the Superintendent of Wakfs, Madurai, Ramanad, Tirunelveli Division CRP.No.1026/2021 A.SK(09.06.2021)