Annakkili v. The Sub Divisional Magistrate

THE HIGH COURT OF JUDICATURE AT MADRAS DATED 07.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.Nos.24705, 24706, 24712 & 24713/2004 & WMP.Nos.30053, 30054, 30065 & 30066/2004 Annakkili ..

Petitioner in WP.No.24705/2004 S.T.Abdul Salam ..

Petitioner in WP.No.24706/2004 Panneerselvam ..

Petitioner in WP.No.24712/2004 T.P.S.Mani ..

Petitioner in WP.No.24713/2004

Versus

1. The Sub-Divisional Magistrate cum Revenue Divisional Officer

2. The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai.

3. The Secretary and the Executive Officer, S.M.Zackaria Sait Maternity Hospital Charity and Safubai Charity .. Respondents in all wps ***Writ petitions dismissed in respect of R3 vide order of this Court dated 21.12.2009 .

Common Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned order of the 1st respondent dated 19.08.2004 and to quash the same and consequently, directing the respondents not to interfere in the peaceful possession and enjoyment of the petitioners' occupation of the lands and superstructures in Door

Nos.12/17, 128/38C, 12/15-1 and 12/15, Manickampillai Thottam, For Petitioners in all WPs : Mrs.S.T.P.Kuyilmozhi For R1 in all Writ Petitions : Mr.R.Vijayakumar, AGP For R2 in all Writ Petitions : Mr.A.S.Kaizer COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.] Learned counsel for the petitioners, on instructions, seeks permission of this Court to withdraw the above writ petitions with a liberty to work out the remedy under the provisions of the Wakf Act, 1995 and also placed reliance upon the judgment reported in 2005 [2] LW 676 [I.Salam Khan and others Vs. The Tamil Nadu Wakf Board, rep.by its Chairman, 3, Santhome High Road, Chennai-4 and others].

Heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the 1st respondent and Mr.A.S.Kaizer, learned counsel appearing for the 2nd respondent and perused the materials placed before this Court. Since the petitioners are having an effective alternate remedy, they are at liberty to work out their remedy under the provisions of the Wakf Act, 1995, if they are so advised. The writ petitions stand disposed of with the above observation.

No costs.

Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar

AP To

1. The Sub-Divisional Magistrate cum Revenue Divisional Officer

2. The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai.

+4cc to M/S.S.T.P.Kuilmozhi, Advocate Sr. 64816 +1cc to the Government Pleader Sr. 65636 WP.Nos. 24705, 24706, 24712 & 24713/2004 CP(CO) VR(12/09/2017)