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Madras High CourtWP/10526/2014closed

Dr.Hisamuddin Papa v. The Tamilnadu Wakf Board

2021-10-27Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NOS.10526, 13360 OF 2014, 27519 OF 2013 & CONT.P.NO.2990 OF 2014 AND M.P.NOS.1 & 1, 2 & 2 OF 2014 & SUB APPLICATION NO.599 OF 2014 W.P.NOS.10526 & 13360 OF 2014 Dr.Hisamuddin Papa ... Petitioner in W.P.No.10526 of 2014 Mohammed Moosa ... Petitioner in W.P.No.13360 of 2014

1. The Tamil Nadu Wakf Board, Represented by its Chairman, Vallal Seethakathi Nagar,

2. The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, Vallal Seethakathi Nagar,

3. Janab Mohamed Mujibur Rahman No.14, Pooram Prakasa Rao Road, Balaji Nagar, Royapettah, Chennai - 600 014.

4. Janab Mohamed Ubaidur Rahman No.14, Pooram Prakasa Rao Road, Balaji Nagar, Royapettah, Chennai - 600 014.

5. Janab Mohamed Naimur Rahman No.14, Pooram Prakasa Rao Road, Balaji Nagar, Royapettah, Chennai - 600 014.

6. Janab Nooruddin

7. Janab M.I.Mohamed Yusuf

8. Janab A.Shafiullah

9. Janab Shaik Hyder ... Respondents in both writ petitions PRAYER IN W.P.NO.10526 OF 2014:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent/Tamil Nadu Wakf Board in their ref. Na.Ka.No.13499/06/A6/Chennai, dated 18.02.2014 and quash the said order and to further direct the 1st respondent/Wakf Board to consider the petitioner's representation dated 28.08.2013.

PRAYER IN W.P.NO.13360 OF 2014:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent/Tamil Nadu Wakf Board in their Ref.Na.Ka.No.13499/06/A6/Chennai, dated 18.02.2014 and quash the said order and to further direct the 1st respondent to consider Petitioner candidature for appointment as a Public Trustee of FAZILATHUNNISSA BEGUM, SAHIBA's MOSQUE AND ENDOWMENTS, and pass orders on the Petitioner's candidature. For Petitioner :

Mr.L.Gavaskar in W.P.No.10526 of 2014 :

Mr.T.Saikrishnan in W.P.No.13360 of 2014 For R3 to R5 :

Mr.R.Bharanidharan in both writ petitions For R8 :

Mr.A.Muniruddin Sheriff in both writ petitions W.P.NO.27519 OF 2013 Dr.Hisamuddin Papa ... Petitioner The Tamil Nadu Wakf Board, Represented by its Chairman, Vallal Seethakathi Nagar, ... Respondent

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondent herein viz. the Tamil Nadu Wakf Board, rep. by its Chairman, having office at No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001 to consider the petitioner's representation dated 28.08.2013 offering his candidature for the appointment as Family Trustee of FAZILATHUNNISSA BEGUM SAHIBA's Mosque and Endowments and afford an opportunity to the petitioner to appear before the respondent and explain his credentials before the respondent for appointment as Family Trustee of FAZILATHUNNISSA BEGUM SAHIBA's Mosque and Endowments. For Petitioner :

Mr.LGavaskar CONT.P.NO.2990 OF 2014 Mohammmed Mujibur Rahman ... Petitioner

1. Dr.Hissamuddin Papa

2. Khadeer Ahmed Syed

3. Ameer Bin Obeid

4. Kauser Hussain Papa ... Respondents PRAYER:- Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents/Contemnors for the gross violation/disobedience of the order dated 06.06.2011 passed by this Court in W.P.No.1134 of 2021.

For Petitioner : Mr.R.Bharanidharan C O M M O N O R D E R (Through video conferencing) The learned counsel for the petitioner in all these petitions made a submission that, during the pendency of the writ petitions, elections were conducted and writ petitions were filed questioning the validity of the elections conducted subsequently.

2. Thus, the cause did not exist as of now and therefore, the writ petitions in W.P.Nos.10526, 13360 of 2014 & 27519 of 2013 stand closed. No costs. Connected miscellaneous petitions are closed.

3. In view of the disposal of the writ petitions, the Contempt Petition in Cont.P.No.2990 of 2014 stands closed. Consequently, connected application is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jeni/mkn To 1.

The Chairman Tamil Nadu Wakf Board, Vallai Seethakathi Nagar, 2.

The Chief Executive Officer, Tamil Nadu Wakf Board, Vallai Seethakathi Nagar, W.P.NOS.10526, 13360 OF 2014, 27519 OF 2013 & CONT.P.NO.2990 OF 2014 RP(CO) PBS/22/11/2021