R.Anvardeen v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.18737 of 2021 and WMP No.2002 of 2021 R.Anvardeen ... Petitioner Vs.

1. The Principal Secretary, Backward Class, Most Backward Class and Minority Welfare Department, Tamil Nadu Government, Fort St. George, Chennai 600 009.

2. Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

3. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

4.

The Director, Vigilance & Anti-Corruption, Alandur, Chennai 600 016.

5. A. Jahir Hussain, President of Abesha Thaikka Wakf, No.31/15, Singarathoppu, Villupuram 605 602.

( impleaded as 5th respondent, as per order made in WMP No.26538 of 2021 in W.P.No.18737 of 2021 dated 14.03.2022 by DKKJ)

6. Waqf Protection Forum Rep. by its President Mr.M.Ajmal Khan, No.57A, Katrapalayam Street, Periyar Bus Stand, Madurai 625 001.

( impleaded as 6th respondent, as per order made in WMP No.2206 of 2022 in W.P.No.18737 of 2021 dated 14.03.2022 by DKKJ) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned proceeding No.4857/E1/2021 dated 27.08.2021 on the file of the third respondent and quash the same.

For Petitioner : Mr.Ohm Prakash, Senior Counsel for S.Kumaradevan For Respondents : Mr.M.Bindran, Addl.Govt.Pleader for R1 and R4.

Mr.C.Shankar for R3 and R2 Mr.M.Narayanaswamy for R5 Mr.S.N.Kirubanandam for R6

ORDER

This Writ Petition has been seeking to issue a Writ of Certiorarified Mandamus, quashing the impugned suspension order dated 27.08.2021 passed by the third respondent.

2. While admission, this court has passed interim order on 08.10.2021 and is still continues.

3. The learned counsel appearing for the respondents submitted that, pending writ petition, the petitioner was reinstated in service on 28.02.2022, thereby the impugned suspension order was revoked. Inview of the above, nothing survives for further adjudication and hence, the writ petition has become infructuous. The learned counsel appearing for the petitioner has also agreed the above submission made by the counsel for the respondents. Further, both the counsels submitted that the disciplinary proceedings against the petitioner is still pending.

4. The above submissions made by the learned counsels are recorded. Hence, this writ petition is dismissed as infructuous. No costs. Connected writ miscellaneous petition is closed.

However, there is no legal impediment for the first respondent to proceed with the disciplinary proceedings pending against the petitioner, in accordance with law.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Mst To

1. The Principal Secretary, Backward Class, Most Backward Class and Minority Welfare Department, Tamil Nadu Government, Fort St. George, Chennai 600 009.

2. Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

3. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

4. The Director, Vigilance & Anti-Corruption, Alandur, Chennai 600 016.

+1cc to Mr.S.Kumara Deven, Advocate SR.No.17179 +1cc to Mr.C.Shankar, Advocate SR.No.17129 +1cc to Mr.M.Narayanaswamy, Advocate SR.No.17639 +1cc to the Government Pleader SR.No.17445 W.P.No.18737 of 2021 PMK(CO) GN(01/06/2022)