Madras High CourtWP(MD)/5969/2018disposed of

M.Shahul Hameed v. The Chief Executive Officer

2018-03-21Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.5969 of 2018 and W.M.P.(MD)Nos.5838 and 5839 of 2018 M.Shahul Hameed ... Petitioner -Vs1.The Chief Executive Officer, Tamil Nadu Wakf Board, Jaffar Shrang Street, Vallal Seethakathi Nagar, Chennai-1.

2.The Superintendent, Madurai Circle, Tamil Nadu Wakf Board, Town Hall, Madurai.

3.The District Educational Officer, District Educational Office, Palani.

4.The Chief Educational Officer, Chief Educational Office, Dindigul.

5.The Assistant Educational Officer, Assistant Educational Office, Palani.

6.The District Educational Officer, District Educational Office, Dindigul.

7.A.R.Nazarudeen ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certioraified Mandamus, calling for the records relating to the impugned order dated 31.03.2017 passed by the third respondent in Na.Ka.No.487/A4/2017 and quash the same as illegal and consequently directing the third respondent to recognize the petitioner as the Correspondent of the Palani Mathanisha High School, Palani administered by Muslim Dharma Paribalana Sangam, Palani.

For Petitioner : Mr.M.P.Senthil For R1 and R2 : Mr.K.K.Senthil, Standing Counsel For R3 to R6 : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed, challenging the order passed by the third respondent appointing the 7th respondent as Secretary of one Palani Mathanisha High School, Palani. 2.According to the petitioner, he is the elected president of one Town Muslim Dharma Paribalana Sangam, Palani till 2019. As per the scheme framed by the Wakf Board, the president of the above said Sangam alone should be appointed as Secretary of the School attached to the Sangam. Without considering the same, the impugned order has been passed.

3.Perusal of the impugned order passed by the third respondent, it could be seen that the above order of appointment is subject to the recognition of Wakf Board. Now, challenging the impugned order, the petitioner has already filed an appeal in W.O.P.No.7 of 2017 before the Wakf Tribunal (Sub-Court) Dindigul, and the same is pending.

4.Now, the learned counsel for the petitioner sought to restrict his prayer that, the appeal in W.O.P.No.7 of 2017 may be disposed of within a time frame stipulated by this Court. 5.Considering the limited prayer sought for by the petitioner, the Wakf Tribunal (Sub Court), Dindigul is directed to dispose of the petitioner's appeal in W.O.P.No.7 of 2017, after issuing notice to the petitioner as well as the 7th respondent herein, within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To

1. The Subordinate Judge, (Wakf Tribunal), Subordinate Court, Dindigul.

2.The District Educational Officer, District Educational Office, Palani.

3.The Chief Educational Officer, Chief Educational Office, Dindigul.

4.The Assistant Educational Officer, Assistant Educational Office, Palani.

5.The District Educational Officer, District Educational Office, Dindigul.

+2CC TO M/S.K.K.SENTHIL, ADVOCATE, SR NOS.57007,57010 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.57641 W.P(MD)No.5969 of 2018 and W.M.P.(MD)Nos.5838 and 5839 of 2018 21.03.2018 Myr MS/KKR/SAR-4/05.04.2018/3P.9C