M.V. Vellimalai v. The Muthawalli
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.9384 of 2021 M.V.Vellimalai ... Petitioner vs.
1.The Muthawalli Balasamudram Mosque @ Gani Beebi Dargha Mosque, Balasamudram, Dindigul District.
2.Sekar 3.Thannasi 4.Rajangam 5.Ramu 6.Raghu 7.K.Chinnathambi 8.Tamil Nadu Wakf Board, Rep. By Chief Executive officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.
... Respondents 1/6
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to strike off the original application in O.A.No.142 of 2020 on the file of the Tamil Nadu Wakf Tribunal, Chennai. For Petitioner : Ms.B.Sentharagai For Respondents : M/s.I.Kowser Nissar for R1 M/s.G.Mohammed Aseef Senior Counsel Wakf for R8
O R D E R
The Civil Revision Petition is filed seeking to strike off the original application filed by the first respondent in O.A.No.142 of 2020 on the file of the Tamil NaduWakf Tribunal.
2. The first respondent filed the above original application with the prayer seeking injunction restraining the respondents therein from interfering with the first respondent's alleged peaceful possession and enjoyment of the subject matter of the application. 2/6
3. The petitioner herein who was not a party to the original application filed instant revision seeking to strike off the same on the ground that the first respondent filed a writ petition in W.P.(MD).No.4093 of 2020 before the Madurai Bench of this Court, seeking a direction to official respondent therein to provide police protection to the petitioner to put up a compound wall in the burial ground located in S.No.867/3, Balasamuthram Village, Dindigul District.
4. It is the case of the petitioner that subject matter of the original application pending on the file of Wakf Tribunal and the writ petition is one and the same and initiating two proceedings before two forums is abuse of process of law. Hence, he prayed that the original application shall be struck off.
5. When the matter is taken up for hearing, the learned counsel for the first respondent produced the order passed by this Court in W.P.(MD).No.4093 of 2020, dismissing the writ petition filed by the first respondent as withdrawn with liberty to move appropriate forum. 3/6
6. First of all, the petitioner herein was not made as a party in O.A.No.142 of 2020, secondly, in the original application, the first respondent seeks injunction against the other respondents herein restraining them from interfering with his possession and in the writ petition, he seeks police protection to put up compound wall. Both the reliefs are different. Therefore, pendency of the writ petition may not be an impediment for the first respondent to seek relief of injunction against some other private individuals who were not made as a party in the writ petition. In any event, now writ petition is dismissed as withdrawn with liberty to move appropriate forum. Hence, there is no impediment for petitioner to proceed with the original application before tribunal.
7. I do not find any ground to entertain the Civil Revision Petition. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15.02.2024 Index : Yes / No 4/6
Speaking order : Yes / No : Yes / No ub To The Tamil Nadu Wakf Tribunal, Chennai.
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S.SOUNTHAR, J.
ub 15.02.2024 6/6