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Madras High CourtWP/30413/2022withdrawn dismissed

I.Muhammed Zabeehullah v. The Tamilnadu Wakf Board

2022-11-16Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU I.Muhammed Zabeehullah ... Petitioner -vs1. The Tamil Nadu Wakf Board, (represented by its Chairman), No. 1, Jaffar Surang Street, Vallal Seethakkathi Nagar, Chennai - 600 001.

2. The Superintedent of Wakfs, Vellore Range Q Vellore Town, Vellore District.

3. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Surang Street, Vallal Seethakkathi Nagar, Chennai - 600 001.

4. G.Nezamuden ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to appoint the muthavalli for Akhal Shah Anwar Shah Makkan Mosque by a way hereditary line of succession.

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For Petitioner :

Mr. V.Senthil Kumar For Respondents :

Mr. Mohammed Fayaz Ali (for R1 to R3)

O R D E R

When it was pointed out by Learned Counsel for the First to Third Respondents that without challenging the Order in Na. Ka. No. 8239/21/Aa7/ Vellore dated 31.03.2022 passed by the Third Respondent appointing the Fourth Respondent as Mutawali for Akhal Shah Anwar Shah Makkan Mosque, before the proper forum in the manner recognized by law, the Petitioner cannot seek hereditary line of appointment of Mutawali for the said Mosque, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to the Petitioner to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. 2.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

16.11.2022 vjt Index: Yes/No 2/4

Note: Issue order copy by 30.11.2022.

To

1. The Chairman, Tamil Nadu Wakf Board, No. 1, Jaffar Surang Street, Vallal Seethakkathi Nagar, Chennai - 600 001.

2. The Superintedent of Wakfs, Vellore Range Q Vellore Town, Vellore District.

3. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Surang Street, Vallal Seethakkathi Nagar, Chennai - 600 001.

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P.D. AUDIKESAVALU, J.

vjt 16.11.2022 4/4