Madras High CourtWP/9344/2020disposed of

D.Suriya Banu v. The Chief Executive Officer

2020-07-17Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.9344 of 2020 and W.M.P.Nos.11429 &11431 of 2020 D.Suraiya Banu W/o Y.Dasthagir ... Petitioner Vs 1.

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

2. The Superintendent of Wakfs Cuddalore Zone, Chidambaram - 608 001 Cuddalore District.

3. The Deputy Superintendent of Police, Chidambaram Town Police Station, Chidambaram - 608 001, Cuddalore District.

4. The Inspector of Police, Chidambaram Town Police Station, Chidambaram - 608 001.

Cuddalore District.

5. Kalvikkarasan S/o Murugesan No.58A, Vellapirandhan Street, Chidambaram - 608 001 Cuddalore District.

.. Respondents Prayer:

Writ Petition filed under Section Article 226 of the Constitution of India praying Writ of Mandamus to direct the 1st respondent to hear and dispose of the representation dated 12.07.2019 pertaining to the appointment of the petitioner as hereditary Muthavali of the Chidambaram Mammutti Fakir Dargah Wakf in accordance with law within a time frame as fixed this Court.

For Petitioner :

Mr.R.Abdul Mubeen For Respondents :

Mr.Haja Mohideen Gisthi, Standing Counsel for R1 & R2 Mr.R.Govindasamy, Special Government Pleader for R3 & R4

O R D E R

This matter is taken up for hearing through VideoConferencing mode.

2. Mr.Haja Mohideen Gisthi, learned Standing Counsel takes notice for the respondents 1 and 2. Mr.R.Govindaswamy, learned Special Government Pleader takes notice for the respondents 3 and 4. Going by the prayer sought for in this writ petition, it is seen that the 5th respondent is an unnecessary party. Hence, this writ petition is disposed of without issuing notice to the 5th respondent.

3. The petitioner seeks for a Mandamus, directing the 1st respondent to consider her representation dated 12.07.2019, wherein and whereby, she sought for herself to be appointed as hereditary Muthavali of the subject matter Wakf.

4. The grievance of the petitioner is that the 1st respondent has not considered the said representation so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 1st respondent to consider and pass orders on merits and in accordance with law. Therefore, this Writ Petition is disposed of only with a direction to the 1st respondent to consider the said representation dated 12.07.2019 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and other interested parties, if any. Such exercise shall be done by the 1st respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD I MDU) //True Copy// Sub Assistant Registrar vsi/vri

To 1.