Sheikh Faizal, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Sheikh Faizal ... Petitioner versus 1.The Union of India, rep. By Chief Secretary, Department of Personnel and Administrative Reforms (Personal Wing) Government of Puducherry, Chief Secretariat, Puducherry 2.The Secretary to Government, Waqf Secretariat, Government of Puducherry Chief Secretariat, Puducherry 3.Puducherry State Wakf Board, rep. By Chief Executive Officer cum Secretary, No.1 &3, III Floor, Yanam Venkatachalam Pillai Street, Puducherry 605 001 4.L.Mohammed Mansoor, 5.S.A.Sultan Abdul Kadir ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing respondents 1 to 4 from interfering or preventing the fifth respondent from discharging his duties as the Chief Executive Officer cum ex-officio secretary Puducherry State Wakf Board until proper appointment is made as per

Sec.23(1) of the Wakf Board, 1995.

For the Petitioner :

No appearance For the Respondents :

Mr.V.Vasanthakumar, Addl. Govt Pleader, (Puducherry) for respondents 1 and 2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Mr.V.Vasanthakumar, Additional Government Pleader, for respondents 1 and 2.

3. The petitioner seeks directions restraining respondents 1 to 4 from preventing the fifth respondent from discharging his duties as the Chief Executive Officer of the Wakf Board.

4. Six years have lapsed after the filing of the writ petition. Moreover, respondents 1 to 4 can always take legal action in accordance with law, against an erring official.

5. Now with the passage of time, the fifth respondent may not be functioning as the Chief Executive Officer.

6. As none appears for the petitioner, the writ petition is dismissed. There will be no order as to costs. Consequently, WMP No.38176 of 2017 is closed.

(S.V.G., CJ.) (P.D.A., J.) 15.06.2023 Index : yes/no : Yes/No tar To:

1.The Chief Secretary, Department of Personnel and Administrative Reforms (Personal Wing) Government of Puducherry, Chief Secretariat, Puducherry 2.The Secretary to Government, Waqf Secretariat, Government of Puducherry Chief Secretariat, Puducherry 3.The Chief Executive Officer cum Secretary, Puducherry State Wakf Board, No.1 &3, III Floor, Yanam Venkatachalam Pillai Street, Puducherry 605 001

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 15.06.2023