G.Nazir Basha, v. Tamil Nadu Wakf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28668 of 2016 And W.M.P.Nos.24781 and 24782 of 2016 G.Nazir Basha ... Petitioner Vs.

1 Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1 Jaffar Sharong Street Vallal Seethakathi Nagar Chennai-600 001.

2 Thiru.G.Kulab Ali Sha ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the entire records of the first respondent in its impugned proceeding in Che.Mu.No.10720/09/B6 Chennai dated 17.02.2016 based on the Resolution passed by the first respondent in Item No.141/15 dated 19.08.2015 and quash the same.

For Petitioner : Mr.S.A.Syed Haroon For Respondents : Mr.V.Lakshminarayan for R1

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner aggrieved by the act of the first respondent in appointing his younger brother as the Muthavalli of Neelam Basha Durgha, which is a registered Wakf, came forward to file this writ petition.

3.Mr.S.A.Syed Haroon, learned counsel appearing for the petitioner would submit that before appointing his younger brother as the Muthavalli, no proper enquiry and procedure has been followed and therefore, the petitioner is constrained to approach this Court by way of filing this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4.Per contra, Mr.V.Lakshminarayan, learned Standing Counsel appearing for the Tamil Nadu Wakf Board would submit that the petitioner is having an effective alternative remedy by way of appeal under Section 83 of the Wakf Act and therefore, he can approach the said forum.

5.This Court upon hearing the rival submissions and on going through the materials placed before it is of the view that, the matter in issue involves adjudication of disputed question of facts and further that the petitioner is also having an effective alternative remedy, the writ petition is not maintainable. Therefore, the writ petition is dismissed. However, the petitioner is at liberty to approach the Wakf Tribunal for jurisdiction of Court, within a period of two weeks from the date of receipt of a copy of this order and the Tribunal on receipt of the appeal, shall entertain the same, if the papers are otherwise in order, without putting the issue of limitation and thereafter, can give disposal, in accordance with law, as expeditiously as possible.

6.The writ petition is dismissed subject to the above observations.

No costs.

Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri To 1 Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1 Jaffar Sharong Street Vallal Seethakathi Nagar Chennai-600 001.

1 cc to M/s.V.Ragavachari, Advocate, sr.47109 1 cc to M/s.S.A.Syed Haroon, Advocate, sr.47110 W.P.No.28668 of 2016 And W.M.P.Nos.24781 and 24782 of 2016 ppa co kra 07.09.2016 https://hcservices.ecourts.gov.in/hcservices/