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Madras High CourtWP/11226/2019dismissed as infructuous

T.A.Abdul Jabbar v. The Tamil Nadu Wakf Board,

2024-09-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.11599 of 2019 T.A.Abdul Jabbar ... Petitioner in both the writ petitions Vs.

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

2.M.Nazar 3.The Inspector of Police, Tiruverambur Police Station, Tiruveambur, Trichy - 13.

4.The Tamil Nadu Wakf Tribunal at Chennai, Rep. by its Presiding Officer, No.5, Kamarajar Salai, Chennai - 600 005.

5.The Govt. of Tamil Nadu Rep. by its Secretary, Backward and Most Backward Minority Welfare Department, Fort St.George, Chennai-009.

(R5 impleaded vide order dt.16/04/19 made in WMP.No.11944/19 in WP.11226/19 by KRCBJ) ... Respondents in W.P.No.11226/2019 1/6

1.The Superintendent of Police, Trichy District, Trichy - 620 020.

2.The Deputy Superintendent of Police, Thiruverumbur, Trichy - 620 013.

3.The Inspector of Police Tiruverubur Police Station, Trichy - 620 013.

4.M.Nazar ... Respondents in W.P.(MD) No.10866/2019 Prayer in W.P.No.11226 of 2019:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fourth respondent to consider the petitioner application in A.A.No.309 of 2019. Prayer in W.P.(MD) No.10866 of 2019:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents in disturbing the possession of the petitioner, hereditary Muthawallli in a private Jamath namely "Bava Nathar Pallivasal" Malaikovil, Thiruverumbur, Trichy District in the light of the order passed by this Hon'ble Court in W.P.(MD).No.3129 of 2019.

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For Petitioner : Mr.S.Hussain Afroze in W.P.11226 of 2019 Mr.K.Srinivasaragavan in W.P.(MD).10866 of 2019 For Respondents : Mr.Fakir Mohideen for R1 M/s.I.Kowsar Nissar for R2 Mr.L.Baskaran for R3 Government Advocate (Crl. Side) R4 - No Appearance Mr.LSM.Hasan Fizal for R5 Additional Government Pleader in W.P.No.11226 of 2019 Mr.L.Baskaran for R1 to R3 Government Advocate (Crl. Side) in W.P.(MD).10866 of 2019 C O M M O N O R D E R W.P.No.11226 of 2019 has been filed by the petitioner seeking issuance of Writ of Mandamus directing the fourth respondent to consider the petitioner application in A.A.No.309 of 2019. 2.W.P.(MD).10866 of 2019 has been filed by the petitioner seeking issuance of Writ of Mandamus forbearing the respondents in disturbing the possession of the petitioner, hereditary Muthawallli in a private Jamath namely "Bava Nathar Pallivasal" Malaikovil, Thiruverumbur, Trichy District in the light of the order passed by this 3/6

Court in W.P.(MD).No.3129 of 2019.

3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.It is represented by the learned counsel appearing for the first respondent in W.P.No.11226 of 2019 that the petitioner's application in A.A.No.309 of 2019 was disposed of on 06.02.2020 and hence, nothing survives for adjudication in these writ petitions. 5.In view of the above, the writ petitions are dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

23.09.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6

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

2.The Inspector of Police, Tiruverambur Police Station, Tiruveambur, Trichy - 13.

3.The Tamil Nadu Wakf Tribunal at Chennai, Rep. by its Presiding Officer, No.5, Kamarajar Salai, Chennai - 600 005.

4.The Govt. of Tamil Nadu Rep. by its Secretary, Backward and Most Backward Minority Welfare Department, Fort St.George, Chennai-009.

5.The Superintendent of Police, Trichy District, Trichy - 620 020.

6.The Deputy Superintendent of Police, Thiruverumbur, Trichy - 620 013.

7.The Inspector of Police Tiruverubur Police Station, Trichy - 620 013.

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M.DHANDAPANI,J.

pri W.P.No.11226 of 2019 and W.P.(MD) No.10866 of 2019 And W.M.P.No.11599 of 2019 23.09.2024 6/6