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Madras High CourtWP/19789/2023dismissed

T.Nawaz v. The Tamil Nadu Waqf Board

2023-07-11Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.19095, 19096 and 19098 of 2023 T.Nawaz

...Petitioner

Vs

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

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

3.The Executive Officer, Chinthamani Mosque Waqf, No.20/84, Quaide Millath Street, Palakkarai, Trichy - 8.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, praying to issue a writ or order or 1/4

direction more fully in the nature of writ of prohibition prohibiting the respondents 1 and 2 from appointing adhoc committee for the west Chinthamani Mosque Waqf pursuant to the notice dated 08.06.2023 without notice to the descendants of the waqif namely Rusthum Bi. For Petitioner : Mr.M.M.I.Khaleel For Respondent : Mr.S.Haja Mohideen Gisthi Senior Standing Counsel for Tamil Nadu Wakf Board for R1 and R2

O R D E R

The writ petitioner seeks issue of a writ of prohibition prohibiting the respondents 1 and 2 from appointing Adhoc Committee for the West Chinthamani Mosque Waqf, pursuant to the notice dated 08.06.2023.

2. Mr.S.Haja Mohideen Gisthi, learned Senior Standing counsel who takes notice for the respondents 1 and 2, on instructions, submits that based on the resolution of the first respondent, dated 14.06.2023, an Advisory Committee was constituted consisting eight members for the 3rd respondent Waqf.

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3. Recording the submission of the learned Senior Standing counsel appearing for the respondents 1 and 2, the prayer in this writ petition has become infructuous and consequently the writ petition is dismissed as infructuous with liberty to the petitioner to challenge the resolution passed by the first respondent constituting advisory committee for the 3rd respondent. No costs. Consequently, connected miscellaneous petitions are closed.

11.07.2023 Index : Yes/No Speaking order:Yes/No ub To

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

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

3.The Executive Officer, Chinthamani Mosque Waqf, No.20/84, Quaide Millath Street, Palakkarai, Trichy - 8.

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S.SOUNTHAR, J.

ub W.P.No. 19789 of 2023 11.07.2023 4/4