Tajuddin A v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

32635 of Tajuddin A .. Petitioner Vs.

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

2. Nawab Fazeelathunissa Begum Saheba Mosque & Endowment, Rep. by its Trustee/Muthawali No.796/419, Anna Salai, Nandanam, Chennai - 600 035.

3. Muhamed Mujeeber Rahman

4. S.Feroze Khan .. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Quo Warranto as to under what authority the 3rd respondent holds the post of Trustee for the 2nd respondent wakf and to restrain the 3rd respondent from continuing the post and remove the 3rd respondent from the post of Trustee from the 2nd respondent wakf. 1/4

For Petitioner : Mr.R.Shenbagaraman For Respondent 1 : Mr.Haja Mohideen Gisthi For Respondents 2 & 3 : Mr.N.A.Nassir Hussain For Respondent 4 : Mrs.Ajimath Begum - - - - -

O R D E R

This writ petition has been filed seeking Quo Warranto against the Mutawalli. This Court is of the view that this writ petition is not maintainable. If at all the petitioner has any grievance against the Mutawalli or the Wakf the same should be adjudicated before the Wakf Tribunal and not before the Writ Court. Such view of the matter, this writ petition is dismissed as not maintainable. No costs.

24.01.2023 Index : Yes / No : Yes / No kk To

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

2/4

2. The Trustee/Muthawali Nawab Fazeelathunissa Begum Saheba Mosque & Endowment, No.796/419, Anna Salai, Nandanam, Chennai - 600 035.

3/4

N.SATHISH KUMAR, J.

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