N Bava Mohideen Maraicair v. The Tamil Nadu Waqf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN AND THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN AND WA SR No.49716 OF 2025

1. N Bava Mohideen Maraicair S/o. late. Nooridin Maraicair, 40A, Pudumani St, Nagore, Nagapattinam Dt 611002.

Petitioner in CMP and appellant in WA SR Vs

1. The Tamil Nadu Waqf Board Rep by its CEO Jaffer Syrang St, Vallal Seethakathi Nagar, Parrys, Chennai 1.

2.The Sub Divisional Magistrate and Sub Collector, The Office of Sub Divisional Magistrate, Nagapattinam and Dt.

3.The Commissioner Nagapattinam Municipality, Nagapattinam Dt.

4.The Superintendent of Police Nagapattinam, Vellippalayam, Elancheran Nagar, Nagapattinam,

5.The Tahsildar Nagapattinam Taluk and Dt.

6.Mohammed Sultan Maraicair 2024 through WMP 9532 of 2024) No.40A, Pudumanai St, Nagore, Nagapattinam 611002.

7.Mohammed Taha Maraicair 7A/103, Meideen Palli St, 11 Street, Nagore, 611002.

Respondent(s) in CMP and WA SR PRAYER in C.M.P.No.8021 of 2025: Miscellaneous Petition filed under Section 151 of CPC praying leave to the Petitioner to file the present Writ Appeal against the order dated 11.03.2025 in WP No.35635 of 2024. PRAYER in WA SR No.49716 of 2025: Appeal (unnumbered) filed under Clause 15 of the Letters Patent praying to set aside the order dated 11.03.2025 made in W.P.No.35635 of 2025.

For Petitioner in CMP : M/s.SB and Partners Appellant in WA SR For Respondent in both : Mr.L.S.M.Hasan Fizal, CMP & WA SR Addl. Governmnet Pleader for RR3 to 5

COMMON ORDER (Order of the Court was made by G.R.Swaminathan J.) This miscellaneous petition has been filed praying leave to the Petitioner to file the present Writ Appeal against the order dated 11.03.2025 in WP No.35635 of 2024.

2. Admittedly, the petitioner was a party to the order dated 09.10.2018 made in CRP (NPD) Nos.296 and 2070 of 2007.

3. The petitioner figured as 6 th respondent in both the revision petitions. By order dated 11.03.2025 in W.P.No.35635 of 2024, the learned Single Judge had merely directed enforcement of the orders in the revision petitions. Therefore, the question of petitioner herein feeling aggrieved over the order under appeal does not at all arise. We do not find any justification in granting leave.

4. This civil miscellaneous petition is dismissed accordingly. Consequently, Writ Appeal (SR) stands rejected. No costs. (G.R.S.J.) (V.L.N.J.) 14-05-2025 ssi/kmk Index:Yes/No

To 1.The Chief Execution Officer, Tamil Nadu Waqf Board Jaffer Syrang St, Vallal Seethakathi Nagar, Parrys, Chennai 1.

2.The Sub Divisional Magistrate and Sub Collector, The Office of Sub Divisional Magistrate, Nagapattinam and District.

3.The Commissioner Nagapattinam Municipality, Nagapattinam District.

4.The Superintendent of Police Nagapattinam, Vellippalayam, Elancheran Nagar, Nagapattinam, 5.The Tahsildar Nagapattinam Taluk and District.

G. R. SWAMINATHAN.J AND V.LAKSHMINARAYANAN.J ssi/kmk CMP No. 8021 of 2025 and WA SR No.49716 of 2025 14-05-2025