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Madras High CourtWP(MD)/1841/2022withdrawn dismissed

Jahangir Basha.S.A v. The Chief Executive Officer

2022-02-01Honourable Mr Justice M. Sundar2 pages

W.P.[MD]No.1841 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.1841 of 2022 and W.M.P.[MD]Nos.1606 & 1607 of 2022 S.A.Jahangir Basha ... Petitioner Vs.

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

2.The Superintendent of Waqf, O/o. The Superintendent of Waqf, Tamil Nadu Waqf Board, No.27, Neethi Nagar, Diwan Street, Court Road, Thanjavur.

3.The Inspector of Waqf, O/o. The Inspector of Waqf, Tamil Nadu Waqf Board, No.27, Neethi Nagar, Diwan Street, Court Road, Thanjavur.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification dated 20.01.2022 in Registration No.343/2021 passed by the second respondent and quash the same as illegal, consequently directing the respondents to conduct election through Secret Ballot for the Haleema Pallivasal which is situated at Valuthoor, Papanasam Taluk, Thanjavur District. For Petitioner : Mr.A.Abdul Kabur For Respondents : Mr.K.K.Senthil Standing Counsel

O R D E R

*********** After some arguments, Mr.A.Abdul Kabur, learned Counsel on record for writ petitioner sought permission to withdraw the captioned writ petition but sought leave of this Court to preserve the rights of writ petitioner to approach the Tamil Nadu Waqf https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.1841 of 2022 Tribunal inter alia under Section 83 of the Waqf Act, 1995 (43 of 1995), if so advised and if so desired. Considering the facts and circumstances of this case, this request is acceded to. 2.Captioned writ petition is disposed of as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petitions are also dismissed as withdrawn. There shall be no order as to costs. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

2.The Superintendent of Waqf, O/o. The Superintendent of Waqf, Tamil Nadu Waqf Board, No.27, Neethi Nagar, Diwan Street, Court Road, Thanjavur.

3.The Inspector of Waqf, O/o. The Inspector of Waqf, Tamil Nadu Waqf Board, No.27, Neethi Nagar, Diwan Street, Court Road, Thanjavur.

+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-3798[F] dated 02/02/2022 ) W.P.[MD]No.1841 of 2022 01.02.2022 MGJ(10.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2