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Madras High CourtWP/25743/2022dismissed as infructuous

R.R.Noor Mohammed v. The State Of Tamilnadu Rep By Its Principal Secretary,

2022-11-25Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY R.R.Noor Mohammed ... Petitioner Vs.

1. The State of Tamil Nadu represented by its Principal Secretary, Backward Classes, Most Backward Classes and Minority Welfare Department, Fort St. George, Chennai 600009.

2. Tamil Nadu Waqf Board.

represented by its Secretary,

3. A.B.Rafiulla, Chief Executive Officer and Ex-Officio Seretary, Tamil Nadu Waqf Board.

4. Mr.Abdur Rahman, Chairman, Tamil Nadu Waqf Board.

5. Mr.Vaseer Ahmed Labbai, Assistant Secretary, Tamil Nadu Waqf Board.

... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 14.07.2022 and remove the third respondent as the Chief Executive Officer and Ex-Officio Secretary of the second respondent Board as the same is in violation of Section 23 of the Waqf Act, 1995 and the Rules framed thereunder.

For petitioner : Mr.M.Ramamoorthi For Respondents : Mr.A.Selvendran, Spl.Govt.Pleader for R1 Mr.V.Lakshmi Narayanan for R4

ORDER

(Order of this Court was made by D.KRISHNAKUMAR, J.) Today, when the case is listed for hearing, the learned counsel for the petitioner submitted that, pending writ petition, the first respondent has considered the representation of the petitioner and passed an order, rejecting the claim of the petitioner. Therefore, he submitted that nothing survives for further adjudication in this matter, however seeks liberty to challenge the order passed against the petitioner.

2. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous with liberty to challenge the order passed against the petitioner. No costs. (D.K.K., J.) (K.R., J.) 25.11.2022 Index:Yes/No Internet:Yes/No mst To

1. The Principal Secretary, State of Tamil Nadu, Backward Classes, Most Backward Classes and Minority Welfare Department, Fort St. George, Chennai 600009.

2. The Secretary, Tamil Nadu Waqf Board.

D. KRISHNAKUMAR, J.

and KRISHNAN RAMASAMY, J.

mst 25.11.2022