Galeelur Rahman, v. Tamilnadu Wakf Board,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16477 of 2018 and W.M.P.(MD).Nos.14609 and 14610 of 2018 Galeelur Rahman : Petitioner Vs.

1. Tamil Nadu Wakf Board, Represented by its Chairman, Jafar Sirang Road, Vallal Seethalakathi Nagar, Chennai.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of first respondent in his proceedings in Na.Ka.No.10996/03/A5/Trichy, dated 17.07.2018 and quash the same and forbear the respondent from implementing the said proposal contemplated in the proceedings impugned in the Writ Petition. For Petitioner : Mr.V.Singan For Respondents : Mr.K.K.Senthil Standing Counsel

ORDER

The petitioner has come forward with this Writ Petition seeking a Writ of Certiorarified Mandamus to call for the records of first respondent in his proceedings in Na.Ka.No.10996/03/A5/Trichy, dated 17.07.2018 and quash the same and forbear the first respondent from implementing the said proposal contemplated in the proceedings impugned in the Writ Petition.

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2. Heard Mr.V.Singan, learned counsel appearing for the petitioner and Mr.K.K.Senthil, learned Standing Counsel, who takes notice on behalf of the respondents.

3. In view of the pendency of the application before the first respondent seeking for modification of the scheme, the petitioner herein has challenged the notice calling for an enquiry in connection with the appointment of the trustees.

4. In my view, unless and until final orders are passed in the application seeking for modification, there is no illegality on the part of the first respondent herein in taking further proceedings, pursuant to the impugned notice dated 17.07.2018.

5. In the result, the writ petition stands dismissed. However, since the petitioner claims that the application is pending from 16.05.2018, this Court directs the first respondent to consider the application on its own merits and pass appropriate orders within a period of three months from the date of receipt of a copy of this order . No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Chairman, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethalakathi Nagar, Chennai.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

+ 1 CC TO Mr.K.K.SENTHIL, ADVOCATE IN SR No. 75441 SJI TE/RP/SAR-4 : 07/08/2018 : 2P/4C W.P.(MD)No.16477 of 2018 and W.M.P.(MD).Nos.14609 and 14610 of 2018 26.07.2018 https://hcservices.ecourts.gov.in/hcservices/