Madras High CourtWP/30308/2019dismissed as infructuous

T.P.Liakathali, v. The Tamil Nadu Wakf Board,

2021-12-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.30308 OF 2019 AND W.M.P.NO.30296 OF 2019 T.P. Liakathali ... Petitioner .vs.

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

2. The Election Officer/Superintendent of Wakfs Coimbatore Zone,

3. The Wakfs Inspector, Erode Region,

4. A. Abubacker ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st Respondent to complete the enquiry in the proceedings in Na.Ka.No.2766/13/A2/Erode dated 24.07.2019 against the 3rd Respondent by affording opportunity to the aggrieved persons within a stipulated time fixed by this Court.

For Petitioner : Mr. M. Guruprasad For Respondents : Mr. Hajamohideen Gishti for R1 to R3 : Mr. N. A. Nissar Ahmed for R4

ORDER

This Writ Petition is filed seeking issuance of a Writ of Mandamus to direct the 1st Respondent to complete the enquiry in his proceedings dated 24.07.2019 against the 3rd Respondent after affording opportunity to the aggrieved parties.

2. When the matter is taken up, it is submitted by the learned counsel for the 4th Respondent that as against the Show cause notice dated 24.07.2019 issued by the 1st Respondent, O.A.No.345 of 2019 was filed before the Wakf Tribunal in which the said notice was set aside.

3. In view of the fact that, the notice under challenge in the present Writ Petition itself has been set aside by the Wakf Tribunal, nothing survives for adjudication in this matter. Hence, this Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar NHS To:

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

2. The Election Officer/Superintendent of Wakfs Coimbatore Zone,

3. The Wakfs Inspector, Erode Region, +1cc to Mr.M.Guruprasad, Advocate, S.R.No.66352 +1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.66305 W.P.No.30308 of 2019 and W.M.P.No.30296 of 2019 KSM(CO) PM/19/01/2022