R.Syed Inayathulla v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.11491 of 2022 R.Syed Inayathulla S/o.Syed Rahmathulla Hussaini ... Petitioner Vs.

1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendant of Wakf, Vellore District, Vellore.

4.The Inspector of Wakf, Vellore District, Vellore.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the second respondent to appoint the petitioner as Hereditary Muthavalli for the Hazarath Syed Sha Meeran Wali Hussaini Qadri Dargah Masjid and Burial Ground Wakf by considering the petitioner's representation dated 10.03.2022. For Petitioner : Mr.A.Ilaya Perumal For Respondents: Mr.Haja Moideen Kisti R1 TO R4

ORDER

Mr.Haja Moideen Kisti, learned counsel takes notice on behalf of the first to fourth respondents.

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2. The learned counsel for the respondents submits that the writ petition is not maintainable as the petitioner had also filed a writ petition in W.P.No.12054 of 2021, during the vacation court for almost an identical relief and that the writ petition has also been disposed. Therefore, the present writ petition is devoid of merits and the request of the petitioner to consider his representation dated 20.03.2022 is liable to be dismissed.

3. The learned counsel for the respondents further submits that the scope of the writ petition that was disposed of during the vacation court in W.P.No.12054 of 2021 was not totally different from the relief sought for in the present writ petition.

4. I have considered the arguments advanced by the learned counsel for the petitioner and the respondents.

5. I am inclined to dispose this writ petition at the time of admission by dispensing with filing of counter, by directing the second respondent to consider and pass appropriate orders on the representation dated 20.03.2022 of the petitioner, in accordance with law and on merits, within a period of eight weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb To 1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar,Chennai - 600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendant of Wakf, Vellore District,Vellore.

4.The Inspector of Wakf, Vellore District,Vellore.

+1 cc to Mr.A.Ilaya Perumal, Advocate Sr.NO. 32193 W.P.No.11491 of 2022 SKM(CO) A.SK(14/06/2022) https://hcservices.ecourts.gov.in/hcservices/