Madras High CourtWP(MD)/5732/2020disposed of

J.A. Mohamed Sheik v. The Chief Executive Officer

2020-03-19Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.5732 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J W.P.(MD)No.5732 of 2020 and WMP.(MD).No.4992 of 2020 J.A.Mohamed Sheik ... Petitioner vs.

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

2. The Superintendent of Wakf, No.51/80, Kadar Avulia Pallivasal Shopping Complex, Kulavanigarpuram, Near Railway Gate, Palayamkottai, Tirunelveli - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to conduct the enquiry pursuant to his notice vide Rc.No.14604/07/B1/kk dated 13.03.2020 in the office of the 2nd respondent.

For Petitioner :Mr.C.T.Perumal For Respondents : Mr.S.A.Ajmal Khan Standing Counsel ****

O R D E R

The petitioner is aggrieved with the enquiry which is being conducted by the first respondent, namely the Chief Executive Officer of the Tamil Nadu Wakf Board, Chennai. The petitioner claims that his health condition does not permit him to go over to Chennai at regular intervals to participate at the enquiry.

2. The petitioner claims that he is a heart patient and had also undergone coronary angiography in the year 2018, in Galaxy Hospital, Tiruvelveli. He had therefore given a representation seeking the place of enquiry to be shifted from Chennai to Tirunelveli to the Office of the Superintendent of Wakf, Palayamkottai, Tirunelveli. The respondents may examine such representation and they pass appropriate orders on or before 31.03.2020. A very limited time is granted to the respondent to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5732 of 2020 pass such order since, the complainant who had initiated the enquiry as against the petitioner, has also filed contempt application against the respondent seeking quick disposal of the enquiry and a judicial order has also been passed in Contempt Petition (MD) No.645/2019 on 24.02.2020.

3. The petitioner is put on notice that he has to participate in the enquiry wherever it is conducted and the respondents may pass orders on the representation as said above on or before 31.03.2020.

4. The Writ petition stands disposed of. No Costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Pkn.

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

2. The Superintendent of Wakf, No.51/80, Kadar Avulia Pallivasal Shopping Complex, Kulavanigarpuram, Near Railway Gate, Palayamkottai, Tirunelveli - 2.

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-12534[F] dated 19/03/2020 ) W.P.(MD)No.5732 of 2020 19.03.2020 KK/12.05.2020/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2