S.Salauddin v. The State Of Tamilnadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.10047 of 2004 and W.P.M.P.No.11726 of 2004 1.S.Salauddin 2.B.Khuthubdin ... Petitioner Vs.

1.The State of Tamil Nadu Rep by its Secretary to Government Commercial Taxes & Religious Endowment Fort St. George, Chennai - 600 009.

2.Tamil Nadu Wakf Board Rep by its Chair Person New No.7, (Old No.4), 9th Cross indira Nagar, Chennai - 600 020.

3.The Chief Executive Officer Tamil Nadu Wakf Board New No.7, Old No.4, 9th Cross Indira Nagar, Chennai - 600 020.

4.Hazarath Syed Kuthbishah Dargah Rep by its Executive Trustee Thennur, Trichy - 17.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd respondent relating to its Resolution dated 5.2.2004 in Sl.No.2 Item No.95 of 1999 in R.C.No.10881/C1/90/TRY and quash the same.

For Petitioner : Mr.P.Dinesh Kumar for M/s.Sarvabhauman Associates For Respondents : Mr.K.S.Suresh, Govt. Advocate (For R1) Mr.V.Lakshminarayanan (For R2 to R4) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Mr.S.Parthasarathy, learned Senior Counsel appearing for the Petitioner submits that the Petitioner has an effective alternate remedy under the Wakf Act to sue before the Wakf Tribunal and further states that the suit shall be instituted in the competent court of jurisdiction and he has made an endorsement to that effect.

2.Recording the same, the Writ Petition is dismissed as withdrawn. It is made clear that the period of pendency of this Writ Petition shall be excluded while computing the period of limitation in filing such suit as aforesaid. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar maya To 1.The secretary to Govt.

state of tamil Nadu Commercial Taxes & Religious Endowment Fort St. George, Chennai - 600 009.

2.The Inspector of Police, CCIW, Vellore.

+1 cc to MR.V.RAGAVACHARI Advocate SR.NO. 49634 +1 CC TO GOVERNMENT PLEADER SR.NO.50386 W.P.No.10047 of 2004 ASK(28/08/2018) https://hcservices.ecourts.gov.in/hcservices/