Thaika Palli Jamath (Pathans) v. T.O.P.Thariq

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

1. Thaika Palli Jamaath(Pathana) Rep. by its President Kottar, Nagercoil.

Kanyakumari District

2. Malick Dhinar Baithulmal Rep. by its President, No.23 C/15, Royal Nagar, V-ways Colony, Vettaroorani, Nagercoil, Kanyakumari District 3.Kottar Elankandai Muslim Samuthaya Trust, Rep. by its Treasurer, Kottar, Nagercoil.

Kanyakumari District ... Petitioners vs.

1. T.O.P. Tariq Superintendent of Waqf, Tirunelveli, Tirunelveli District Page No.1 of 5

2.Janab Syed Ahamed Mustafa @Ahamed S.P.Shainamdhaar MohindeenAndavar Dharkha Aranmanai, Pottalpudoor, Tenkasi District ... Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to punish the contemnors/respondents 3 and 4 for the deliberate and wilful disobedience of the order dated 15.02.2024 passed by this Court in CMP(MD) No.1726 of 2024 in WA(MD)No.199 of 2024. For Petitioner : Mr.H.Jasima Jasmik for M/s.Ajmal Associates For R-1 : Mr.K.K.Senthil For R-2 : Mr.M.Saravanan

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Contempt Petition has been filed to punish the contemnors/respondents 3 and 4 for the deliberate and wilful disobedience of the order dated 15.02.2024 passed by this Court in CMP(MD) No.1726 of 2024 in WA(MD)No.199 of 2024.

2. The learned counsel appearing for the petitioner would submit that interim order of this Court dated 15.02.2024 in CMP(MD) No.1726 Page No.2 of 5

of 2024 has not been complied with, thereby the present petition has been filed.

3. Per contra, the learned counsel appearing for the second respondent would submit that the main appeal itself came up for hearing on 24.04.025 and on that day the learned counsel appearing for the appellant is not ready, thereby this Court passed the following order: "2.The learned counsel appearing for the respondent states that there is an imminent urgency to hear the matter since the tenure of the fourth respondent for enjoying the office is likely to be expired on 10.05.2025. 3.It is made clear that the delay in disposing the writ appeal is due to the non-cooperation of the appellant and therefore, the pendency of the writ appeal shall not be the way of Waqf Board appointing new incumbent if the expiry of the tenure of the fourth respondent. The other question of facts and law can be decided in the writ appeal as and when the appellant ready to put forth his argument. Any interim order granted in this matter shall be subject to the observation made above".

Page No.3 of 5

4. As per the order passed by this Court dated 24.04.2025, nothing survives for further adjudication in this petition.

5. Hence, the Contempt Petition stands closed. [A.D.J.C., J.] [R.V., J.] 03.07.2025 Index : Yes / No aav To:

1. K.Muthuraj The District Elementary Educational Officer, Valliyur.

Tirunelveli District

2. Subbaih The Assistant Elementary Educational Officer, now designated as Block Educational Officer, Radhapuram Tirunelveli District Page No.4 of 5

A.D.JAGADISH CHANDIRA, J.

AND R.VIJAYAKUMAR, J.

aav DATED : 03.07.2025 Page No.5 of 5