Muhalli Muthavalli H.Haja Nazimudeen Sahib v. The Tamil Nadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.NO.26876 OF 2021 Muhalli Muthavalli H.Haja Nazimudeen Sahib S/o.S.M.Hassan Moideen Sahib .. Petitioner vs The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Mannady, Chennai 600 001.
.. Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to complete the enquiry in Na.Ka.No.15838/89/A7/Nagai dated 16.11.2021 within a stipulated time and pass final order in petitioner's representation dated 15.10.2020 and thereby release the resolution passed by the respondent. For the Petitioner :
Mrs.Hema Sampath Senior Counsel for M/s.A.Ajimath Begam For the Respondent :
Mr.Abdul Mubeen
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed to seek a direction on the respondent Waqf Board to complete the enquiry in Na.Ka.No.15838/89/A7/Nagai dated 16.11.2021 within a stipulated https://hcservices.ecourts.gov.in/hcservices/
time, on the basis of the petitioner's representation dated 15.10.2020.
2. Heard learned counsel for the parties.
3. During the pendency of the litigation and pursuant to several orders passed by this Court, an Adhoc Committee was constituted to look after the affairs of the Dargah. However, serious allegations against the conduct of the Committee were made and accordingly, while dismissing the writ appeal, W.A.No.327 of 2022, preferred by the Adhoc Committee, this Court took suo motu cognizance on the aforesaid and directed the writ appeal to be placed before the Court. Pursuant to which, as recorded in the order dated 06.04.2022, the members of the Adhoc Committee prayed for discontinuance and the management has been given to the Waqf Board. However, it is now stated that the Board of Trustees are manging the affairs of the Dargah.
4. In view of the above, nothing would survive in the writ appeal as well as in the writ petition. Accordingly, the writ petition is closed as also the writ appeal, with a clarity that if anyone has any issue either in regard to the management of the Dargah or any other issue related to it, they would be at liberty to take appropriate remedy as available to them under the law, for which this order would not come in their way. No costs.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sra To:
The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Mannady, Chennai 600 001.
W.P.No.26876 of 2021 SMI(CO) PM/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/