The Cheif Executive Officer v. Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction) Friday, the Twenty Seventh day of September Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE R. SURESH KUMAR CMP No.20912 of 2019 IN CRP(NPD)No.3208 of 2019 THE CHEIF EXECUTIVE OFFICER [ PETITIONER ] TAMILNADU WAQF BOARD, NO.1, JAFFER SYRANG ST, VALLAL SEETHAKATHI NAGAR, CHENNAI-1 Vs 1 SECRETARY [ RESPONDENTS ] CHINNA MUHALLAM MOHIDEEN ANDAVAR PALLIVASAL, KOLLAMPATTARAI STREET, VELIPATTANAM, RAMNAD DISTRICT 2 TAMILNADU WAQF BOARD REP. BY ITS CHAIRMAN, NO.1, JAFFER SYRANG ST, VALLAL SEETHAKATHI NAGAR, CHENNAI-1 3 THE WAQF INSPECTOR/EXECUTIVE OFFICER, OFFICE OF THE SUPERINTENDENT OF WAKFS, 159/3, THERPASAYANAM ROAD, VELIPATTANAM, RAMNAD DISTRICT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay any further proceedings in the order passed in AA No.11 of 2019 dt. 26.07.2019 by the Tamilnadu Waqf Tribunal, Chennai (in CMP.NO.20912/2019) in CRP(NPD)No.3208/2019.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.RAJAMOHAMED, Advocate for the petitioner and of M/S. N.A. NISSAR AHMED, Advocate for CAVEATOR on behalf of the Respondents the court made the following order:- Heard the learned counsel for the petitioner. 2.Mr.H.A.Nissar Ahamed, learned counsel accepts notice for the contesting respondents i.e., erstwhile committees/Mutawalli of the Wakf concerned.
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3.After hearing both sides, as a preliminary hearing, this Court feels that, the issue raised in this revision can be decided after having a detailed hearing of both sides in the main revision. 4.Insofar as the stay petition in C.M.P.No.20912 of 2019 is concerned, this Court feels that there is no prima facie case to interfere with the impugned order passed by the Tribunal, mainly on the ground of want of jurisdiction, as has been primarily projected by the revision petitioner.
5.In that view of the matter, the C.M.P.No.20912 of 2019 is dismissed. Post the main CRP on 7th November 2019 for final hearing.
-sd/- 27/09/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO THE TAMILNADU WAQF TRIBUNAL, CHENNAI +2 C.C. to M/S.A.RAJAMOHAMED Advocate, SR.NO.11737 C.C. to M/S.N.A. NISSAR AHMED, Advocate, SR.NO.11747 Order in CMP.20912/2019 in CRP(NPD).No.3208/2019 Date :27/09/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/11/10/2019 https://hcservices.ecourts.gov.in/hcservices/