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Madras High CourtWP/27182/2023dismissed

Khader Khan v. The Tamil Nadu Wakf Board

2026-03-03Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 27182 of 2023 & W.M.P.No.26617 of 2023 Khader Khan S/o.Mohideen Khan, No.124, Saradha Nagar, Samundipuram South, Tiruppur District.

..Petitioner(s) Vs

1. The Tamil Nadu Wakf Board Rep By Its Chief Executive Officer, Tamil Nadu Wakf Board, No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

2. Gulam Khader S/o.Mohamed Iqbal, No.7, 8th Street, Gulam Khader Garden, Gandhi Nagar Post, Samundipuram South, Tirupur- 641 603

3. B.Shah Jahan S/o.J.Basha, Door No.39, 4th Street, Lakshmi Nagar, Tiruppur- 641602 ..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari to call for the records of the 1st Respondent dated 16.05.2023 made in Na.Ka. No. 1671/ 23/ B2/ Kovai and quash the same.

For Petitioner(s):

Mr.I.Kowser Nissar For Respondent(s):

Mr.Mohammed Fayaz Ali for R1 Mr. Y.Kaja Navas for R2 R-3 - No appearance

ORDER

This Writ Petition has been filed to call for the records of the 1st Respondent dated 16.05.2023 made in Na.Ka. No. 1671/ 23/ B2/ Kovai and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents 1 and 2.

3. When the Writ Petition is taken up for hearing, the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents 1 and 2 would submit that during the pendency of the Writ Petition, the petitioner, namely, Khader Khan, died. Further, for the very same issue involved in the Writ Petition, an Original Application No.49 of 2024 has been filed and the same is pending for adjudication.

4. Considering the fact that the petitioner had died and taking note of the fact that for the very same issue involved in the present Writ Petition, Original Application No.49 of 2024 has been filed and the same is pending for adjudication, this Writ Petition is dismissed with liberty to the legal heirs of the petitioner to implead themselves in the said Original Application and claim their rights. Consequently, connected miscellaneous petition is closed. No costs.

03-03-2026 Index: Yes/No Speaking/Non-speaking order ssd To The Tamil Nadu Wakf Board Rep By Its Chief Executive Officer, Tamil Nadu Wakf Board, No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

M.DHANDAPANI, J.

ssd 03-03-2026