Madras High CourtCRP(MD)/1062/2022dismissed as infructuous

M.S.Shihabudeen v. The Chairman

2024-07-15Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.M.S.Shihabudeen ... Petitioner/1st Applicant in CRP(PD)(MD)No.1062 of 2022 2.N.Mohamed Iqbal ... Petitioner/2nd Applicant in CRP(PD)(MD)No.1063 of 2022 vs.

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

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

3.F.Absar 4.B.Shahabudeen 5.M.Abdul Hadi 1/5

6.The Secretary, M.K.N.Trust, Adirampattinam, Thanjavur District.

... Respondents 1 to 6/Respondents 1 to 6 in both petitions 7.N.Mahamed Iqbal 8.N.Ahmed Ansari ... Respondents 7 & 8/Applicants 2 & 3 in both petitions Common Prayer:- Civil Revision Petitions filed under Section 227 of the Constitution of India, to set aside the order and decretal order passed in O.A.No.38 of 2021, dated 28.02.2022, on the file of the Tamil Nadu Wakf Tribunal, Chennai, confirming the order passed by the first respondent in Item No.34/21 Na.Ka.No. 16567/12/Haa7/Thanjai, dated 23.02.2021 and the consequential proceedings of the second respondent in R.C.No.16567/12/A7/TNJ dated 26.02.2021 insofar as same relates to the appointment of respondents 3 and 4 herein as hereditary trustees representing the 1st branch, M.K.N.Madarasa Trust, Adiramapattinam, Thanjavur and consequently, appoint the petitioner herein as a hereditary trustee representing 1st branch in the M.K.N.Madaras Trust, Adiramapattinam. In both petitions:

For Petitioner : Mr.S.F.Mohamed Yousuf (No Appearance) For Respondents : Mr.D.S.Haroon Rasheed for R1 & R2 and R4 to R7 Mr.S.Ramsundarvijayraj 2/5

for M/s.Veera Associates for R3 COMMON ORDER On the last occasion, the learned counsel for the petitioners did not appear in these matters and the matters were posted under the caption 'for dismissal'. Today (ie., on 15.07.2024) also, there is no appearance on behalf of the petitioner.

2.The learned counsel appearing on behalf of the respondents would submit that the matter has also become infructuous by efflux of time since the appointment of trustees is for a period of 23.02.2021 to 23.02.2024 and the period itself is over. 3.In view thereof, these Civil Revision Petitions are dismissed as having become infructuous. No costs. 15.07.2024 NCC : Yes / No sji To 3/5

The Tamil Nadu Wakf Tribunal, Chennai.

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D.BHARATHA CHAKRAVARTHY, J.

sji C.R.P.(PD)(MD)Nos.1062 and 1063 of 2022 15.07.2024 5/5