Janab S.Shahul Hameed v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.16926 of 2023 Janab S.Shahul Hameed S/o.Segu Dawood

...Petitioner

Vs 1.The Secretary, Backward Classes, Most Backward Classes and Minorities Welfare, Department, Secretariat, Chennai - 600 009.

2.The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendent of Waqf, Ramanathapuram Sub-Division, Ramanathapuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the proceedings passed by the third respondent in 1/4

G.S.No.283/Rama dated 13.02.2023 by rejecting my candidature for the post of office bearer in the election to be held for administrating of Nambudhalai Masjithe Taqwa @ Melapallivasal Waqf, Thiruvadanai Taluk, Ramanathapuram District and quash the same and consequently, direct the third respondent to qualify the petitioner as an eligible candidate for taking part in such election.

For Petitioner : Mr.R.Anand For Respondents : Mr.S.Arumugam Government Advocate [R1] Mr.S.Haja Mohideen Gisthi Standing Counsel [R2 & R3] *****

O R D E R

The subject matter of challenge in the present writ petition pertains to the proceedings of the third respondent dated 13.02.2023.

2. Admittedly, the cause of action for filing this writ petition falls within the jurisdiction of Madurai Bench of this Court since the office of the third respondent is in Ramanathapuram.

3. When this was pointed out to the learned counsel for the petitioner, 2/4

learned counsel sought for the leave of this Court to challenge the proceedings of the third respondent before the Madurai Bench of this Court. The leave sought for by the learned counsel for the petitioner is granted.

4. Registry is directed to immediately return back the original impugned order dated 13.02.2023 to the learned counsel, on record, for the petitioner in order to enable the petitioner to file a writ petition before the Madurai Bench of this Court.

Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellanoues petition is closed.

19.06.2023 Note to office: Issue today (19.06.2023) Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 3/4

gm To 1.The Secretary, Backward Classes, Most Backward Classes and Minorities Welfare, Department, Secretariat, Chennai - 600 009.

2.The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3.The Superintendent of Waqf, Ramanathapuram Sub-Division, Ramanathapuram.

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