Khader Gani v. Tamil Nadu Waqf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 18358 of 2019 and W.M.P. Nos. 17712 and 17713 of 2019 M. Khader Gani ... Petitioner -vs1. Tamil Nadu Wakf Board, Rep by its Chairman, Having Office at No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Behind Custom Office, Chennai - 1.

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

3. The Superintendent of Wakf, Office of the Superintendent of Waqf, Madurai & Ramanad District, (i/c), No. 159/3, Therpasayanam Road, Vellipattinam, Ramanathapuram.

4. Pudur Periya Pallivasal, Represented by its Executive Officer cum the Superintendent of Wakf, Office of the Mosque Complex, Azad Road, Pudur - 630 709, Ilayangudi Sivagangai District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Second Respondent having reference Na.Ka. GS109/Sivagangai/Ne.A/The.A/2019 dated

07.06.2019 and quash the same and consequently directing the Respondents to adhere to orders of this Court in C.R.P. No. 650 of 2019 and W.P. No. 10225 of 2019.

For Petitioner :

Mr. R. Venkata Varathan For Respondents:

Mr. Mr. L.S.M. Hasan Fizal for R1 & R3 Mr. V.G. Guhan murugan for R4.

O R D E R

When it is pointed out that the Mosque in question is situated within the territorial limits of jurisdiction of the Madurai Bench of this Court and that substantial part of the cause of action has also arisen within that territorial jurisdiction, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to file a fresh Writ Petition before the Madurai Bench of this Court for the relief sought and he has also made an endorsement, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar k To

1. The Chairman, Tamil Nadu Wakf Board, Having Office at No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Behind Custom Office, Chennai - 1.

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

3. The Superintendent of Wakf, Office of the Superintendent of Waqf, Madurai & Ramanad District, (i/c), No. 159/3, Therpasayanam Road, Vellipattinam, Ramanathapuram.

4. The Executive Officer-cum-the Superintendent of Wakf, Pudur Periya Pallivasal, Office of the Mosque Complex, Azad Road, Pudur - 630 709, Ilayangudi Sivagangai District.

+1 CC to Mr.R. Venkata Varathan, Advocate sr 91813. +1 CC to The Govt. Pleader sr 92464 +1 CC to Mr.L.S.M. Hasan Fizal, Advocate sr 92630. W.P. No. 18358 of 2019 SV(CO) SP(09/12/2019)