K.A.Mohamed Sherif v. The Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.A.Mohamed Sherif ... Petitioner -vs1. The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

2. The Superintendent of Wakf, Tamil Nadu Wakf Board, D.No. 15-16, Mosque Buildings, Uppilipalayam, Avanashi Road, Coimbatore - 641018.

3. The Inspector of Wakf, Tamil Nadu Wakf Board, D. No. 15-16, Mosque Buildings, Uppilipalayam, Avanashi Road, Coimbatore - 641018.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Responents from any manner interfering with the Petitioner's administration of Coimbatore Mettupalayam Road Muslim Burial Ground wakf bearing G.S. Nos. 95 except in accordance with law.

For Petitioner :

Mr. N.A.Naseer Hussain for Mr. N.A.Nissar Ahmed 1/4

For Respondents :

Mr. C.Shankar

O R D E R

Heard Mr. N.A.Naseer Hussain for Mr. N.A.Nissar Ahmed, Learned Counsel for the Petitioner and Mr. C.Shankar, Learned Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

When it is pointed out that the Petitioner has got an effective alternative remedy to seek the relief sought in this Writ Petition by filing an application under Section 83 of the Waqf Act, 1995, before the Waqf Tribunal, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty with the aforesaid clarifications. No costs.

23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 27.03.2024.

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To

1. The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

2. The Superintendent of Wakf, Tamil Nadu Wakf Board, D.No. 15-16, Mosque Buildings, Uppilipalayam, Avanashi Road, Coimbatore - 641018.

3. The Inspector of Wakf, Tamil Nadu Wakf Board, D. No. 15-16, Mosque Buildings, Uppilipalayam, Avanashi Road, Coimbatore - 641018.

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P.D. AUDIKESAVALU, J.

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