Janab N.Ahamed Ansari v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021 Coram THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.22429 of 2018 and W.M.P.Nos.26284 and 26285 of 2018 Janab N.Ahamed Ansari President/Trustee, M.K.N.Madrasa Trust, Khadir Mohideen College Campus, Adirampattinam - 614 701
...Petitioner
Vs.
1. The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Sirong Street, Vallal Seethaikathi Nagar, Behind Customs House, Chennai - 600 001.
2. The Tamil Nadu Waqf Board, rep. By its Chief Executive Officer, No.1, Jaffer Sirong Street, Vallal Seethaikathi Nagar, Behind Customs House, Chennai - 600 001.
3. The Superintendent of Waqfs, District Wakf Board, Wakf Board Office, Thanjavur.
4. Dr.S.Mohamed Aslam, Executive Officer, No.50, Pudumanai Street, Adirampattinam - 614 701.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for records of the first respondent, in his proceedings bearing Proc.No.16567/12/B7/TNJ, dated 24.08.2018, and to quash the same.
For Petitioner : Mr.R.Krishna Prasad For Respondents 1-3 : Mr.Haja Mohideen Gisthi Respondent-4 : No appearance
O R D E R
The challenge in this Writ Petition is to the order passed by the first respondent-Wakf Board, which cannot be adjudicated before this Court, in a Writ Petition and the petitioner has an effective and efficacious remedy by approaching the Wakf Tribunal. Since the petitioner has chosen the wrong forum, this Writ Petition is dismissed granting liberty to the petitioner to approach the Wakf Tribunal, if so desires. If any such application/petition is filed by the petitioner, the same shall be entertained by the Wakf Tribunal, without rejecting the same on the ground of limitation, since the Writ Petition was filed in the year 2018.
No costs.
Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sd To
1. The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Sirong Street, Vallal Seethaikathi Nagar, Behind Customs House, Chennai - 600 001.
2. The Tamil Nadu Waqf Board, rep. By its Chief Executive Officer, No.1, Jaffer Sirong Street, Vallal Seethaikathi Nagar, Behind Customs House, Chennai - 600 001.
3. The Superintendent of Waqfs, District Wakf Board, Wakf Board Office, Thanjavur.
4. Dr.S.Mohamed Aslam, Executive Officer, No.50, Pudumanai Street, Adirampattinam - 614 701.
+1cc to M/s.Sarvabhauman Associates, Advocate, S.R.No.68505 W.P.No.22429 of 2018 SPD(CO) SU(06/01/2022)