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Madras High CourtWP/28667/2016withdrawn dismissed

K.S.Thajudeen, v. The Chairman

2016-09-06Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 06.09.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No. 28667 of 2016 and WMP Nos. 24778 to 24780 of 2016 K.S. Thajudeen ... Petitioner

Versus

1. The Chairman, Tamil Nadu Wakf Board, Vallai Seethakathi Nagar, Chennai.

2. The Superintendent of Wakf, Tamilnadu Wakf Board, Sriperambudur, Sriperambudur, Kancheepuram District.

... Respondents Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorari to call for the records pertaining to the proceeding in Na.Ka.No.4236/09/Aa4/Kanchee dated 29.05.2015 of the 1st respondent and quash the same. For Petitioner : Mr.R.Rajaramani For Respondents : Mr.V.Lakshminarayan for WAKF Board O R D E R The learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to file appeal before the Wakf Tribunal (Principal Sub judge, Chengalpet). He has also made an endorsement to that effect. He has also submitted that the delay caused due to the pendency of this writ petition before this Court may be directed to be considered by the appellate authority at the time of entertaining the appeal.

2. On the above submission, I heard the learned counsel for the respondents.

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3. In view of the submission made by the learned counsel appearing on either side, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to file an appeal within a period of fifteen days from the date of receipt of a copy of this order. The learned Principal Sub Judge, Chengalpet shall take up the appeal on file and the period during which the writ petition was pending before this Court shall be considered tobe excluded for the purpose of limitation. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arr +1cc to Mr.R.Rajaramani, Advocate, S.R.No.50411 +1cc to Mr.V.Raghavachari, Advocate, S.R.No.50354 W.P No.28667 of 2016 SAI(CO) CA(26/09/2016) https://hcservices.ecourts.gov.in/hcservices/