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Madras High CourtWP(MD)/3158/2023disposed of

Mohamed Ibrahim P v. The Tamil Nadu Waqf Board

2023-02-21Honourable Mr Justice P.D.Audikesavalu7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU 1.P.Mohamed Ibrahim 2.M.M.H.Peer Mohammed 3.Athequer-Rahuman 4.Jainul Abdeen 5.A.Ahamed 6.Mohammed Yoosuf ... Petitioners Vs.

1.Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai.

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

3.The Superintendent of Waqf, Tirunelveli Division, 1/7

Tamil Nadu Waqf Board, Tirunelveli.

4.Syed Thameem ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass orders on the reference made by the second respondent by his proceedings in Proc.R.C.No. 660/18/B1/KK dated on 25.07.2022 for passing appropriate orders within the time that may be stipulated by this Court.

For Petitioner : Mr. E.Mohamed Abbas For R1 to R3 : Mr. D.S.Haroon Rasheed For R4 : Mr. M.Saravanan

ORDER

Heard Mr. E.Mohamed Abbas, Learned Counsel appearing for the Petitioner, Mr. D.S.Haroon Rasheed, Learned Counsel for the First to Third Respondents and Mr. M.Saravanan, Learned Counsel for the Fourth Respondent.

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2.

The Writ Petition has been filed for directing the First Respondent to pass orders on the reference made by the Second Respondent by his proceedings in Proc.R.C.No.660/18/B1/KK, dated 25.07.2022 within the time limit that may be fixed by this Court.

3.

It has been brought to notice that in furtherance to the said proceedings of the Second Respondent, the matter has been discussed by the First Respondent in the meeting held on 17.10.2022 and a show cause notice dated 09.11.2022 has been issued to the Fourth Respondent, which has been challenged by him in O.A.No.29 of 2023 before the Waqf Tribunal. 4.

In view of the aforesaid action taken, nothing remains for further consideration in the Writ Petition, but if the Petitioners still have any grievance to be redressed in the matter, they are not precluded from working out their rights before the proper forum in the manner recognized by law. 3/7

In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 21.02.2023 NCC : Yes/No Index : Yes/No ta Note: Issue Order Copy by 22.02.2023.

To 1.Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai.

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

3.The Superintendent of Waqf, Tirunelveli Division, Tamil Nadu Waqf Board, Tirunelveli.

Copy to:- 4/7

1.P.Mohammed Ibrahim, S/o.P.Mohammed 67C/118, Parasuram Street, Idalakudi, Kanyakumari District.

2.M.M.H.Peer Mohammed, S/o.M.Mohammed Haneefa, Mohammed Nagar, Edalakudy, Kottar, Nagercoil.

3.Athequr-Rahuman S/o.B.Shiek Mohammed Sahib, Santhi Street, Edalakudy, Kottar, Nagercoil.

4.Jainul Abdeen S/o.Abdul Khadar, Vembadi Street, Edalakudy, Kottar, Nagercoil.

5.A.Ahamed S/o.Abdul Khadar, Vembadi Street, Edalakudy, Kottar, Nagercoil.

6.Mohammed Yoosuf S/o.Ameer Ali, Cresent Nagar, Velladachivilai, Edalakudy, Kottar, Nagercoil.

7.Mr.Syed Thameem, S/o.Mohammed Thaseem, Kotar Ilankadai Muslim Samudhaya Trust Complex, Agastheeswaram Taluk, Kanyakumari District.

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8.The Tamil Nadu Waqf Tribunal Court, Kamarajar Salai, Marina Beach Road, Triplicane, Chennai - 600005.

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P.D.AUDIKESAVALU,J.

ta 21.02.2023 7/7