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Madras High CourtWP(MD)/4539/2023disposed of

Haji Acr Naseer v. The Tamil Nadu Wakf Board,

2023-03-10Honourable Ms. Justice P.T. Asha2 pages

WP(MD). No.4539 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Tenth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Ms.Justice P.T.ASHA WP(MD). No.4539 of 2023 Haji Acr Naseer President Aljamiul Munavvar Masji Jamath Committee Wakf G.S.No. 235 Rmd Kattuthalaivasal Karaikudi- 630 001.

Sivagangai District.

... Petitioner Vs 1 The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai- 600 001.

2 The Revenue Divisional Oficer, Devakottai, Sivagangai District- 630 302.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Mandamus, directing the 2nd respondent herein to securing the account and auditing details, profit and loss account, cash and bank balance of AL. Jamiul Munavvar Masjid Jamath Committee wakf from the previous unauthorized persons namely Syed Mohamed Bukari, Noor Mohamed, Nagooran and hand it over to the petitioner based on the direction issued by 1st respondent dated 20.12.2022.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.A.Raja Mohammed, Advocate for the Petitioner and of Thiru.K.S.selvaganesan, Government Advocate for the respondents, this Court made the following order: https://www.mhc.tn.gov.in/judis 1/2

WP(MD). No.4539 of 2023 This matter has been listed today under the caption 'for being mentioned", in the light of the orders dated 30.03.2023, passed in W.P.(MD)No.7176 of 2023, wherein several factors had been brought to the notice of this Court, which were not brought to the notice of this Court when orders were pronounced in this writ petition. Had these factors been brought to this Court's notice, this Court would not have disposed of this writ petition as prayed for.

2. When writ petition in W.P.(MD)No.7176 of 2023 was heard, this Court observed that the order dated 10.03.2023 passed in this writ petition viz., W.P.(MD)No.4539 of 2023 would be re-called, as it would be an impediment for passing orders in W.P.(MD)No.7176 of 2023. Therefore, the order dated 10.03.2023 is recalled and the writ petition is closed, in the light of the order dated 30.03.2023 in W.P.(MD)No.7176 of 2023.

Sd/- Assistant Registrar (CS-II) // True Copy // /06/2023 Sub Assistant Registrar(CS) TO

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

2 The Revenue Divisional Oficer, Devakottai, Sivagangai District- 630 302.

Copy to:

The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 10/04/2023 ==========================

ORDER

========================== WP(MD). No.4539 of 2023 SI/(06.06.2023) 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2