Udhuman Mydeen.O.M.A v. The Chief Executive Officer

WP(MD)NO.3791 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT SPECIAL ORIGINAL JURISDICTION WEDNESDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON`BLE MR.JUSTICE C.SARAVANAN WP(MD)NO.3791 OF 2022 O.M.A.Udhuman Mydeen ... Petitioner Vs 1.The Chief Executive Officer The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Sethakathi Nagar, Chennai - 600 001.

2.The Inspector of Waqf, 54, High Road, Tirunelveli District.

(Now Was Tenkasi District) 3.O.M.S.Hasan Magdhoom Alim ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, to issue a WRIT OF CERTIORARI, calling for the entire records pertaining to the impugned notice passed by the 1st respondent vide her proceeding Ref.No.R.C.No.6211/12/B1/TNV, dated 24.02.2022 and quash the same and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

ORDER:- This Writ Petition coming on for under the caption clarification on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Isaac Mohanlal, Senior Counsel for Mr.Niranjan.S.Kumar, Advocate for the Petitioner and of Mr.G.Chandrasekar, Standing Counsel for 1st & 2nd Respondent and of Mr.T.S.Mohamed Mohidheen, Advocate for the 3rd Respondent, this Court made the following order:- The matter is listed today under the caption 'for clarification'.

2.The writ petition was heard finally on 28.03.2022 and reserved for passing orders and the orders were pronounced on 01.04.2022. However, the respondent Wakf Board appears to have proceeded to pass a resolution on 30.03.2022 and thereafter an order on 31.03.2022. The undue alacrity shown by the respondent Wakf Board in proceeding to pass orders without awaiting for the final orders, when the case was under active consideration of this Court was unwarranted.

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WP(MD)NO.3791 OF 2022 3.Under these circumstances, I direct the 1st respondent/the Chief Executive Officer, Tamilnadu Wakf Board, Chennai to rehear the matter afresh and pass appropriate orders. The position/status quo ante prior to 31.03.2022 shall be restored, till such orders are passed by the Wakf Board. Appropriate orders shall be passed within a period of 3 months from the date of receipt of a copy of this order. The order passed on 31.03.2022 by the Wakf Board shall stand vacated.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Chief Executive Officer The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Sethakathi Nagar, Chennai - 600 001.

2.The Inspector of Waqf, 54, High Road, Tirunelveli District.

(Now Was Tenkasi District) + 1 CC to M/s.T.S.Mohamed Mohidheen, Advocate, SR.No.16987 + 1 CC to M/s.Niranjan.S.Kumar, Advocate, SR.No.16839 ORDER DATED : 06/04/2022 ==========================

ORDER

========================== WP(MD)No.3791 of 2022 Giving direction and etc.

as stated within.

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