Mr.Kadhar Sahib Marakayar v. Tamil Nadu Wakf Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty First day of June Two Thousand Nineteen PRESENT The Hon`ble Dr.Justice ANITA SUMANTH WP(MD) No.13948 of 2019 and W.M.P.[MD]No.10451 of 2019 KADHAR SAHIB MARAKAYAR ... PETITIONER Vs 1 TAMIL NADU WAKF BOARD REP. BY ITS CHAIRMAN, 2 THE CHIEF EXECUTIVE OFFICER TAMIL NADU WAKF BOARD, 3 THE WAKF SUPERINTENDENT TAMIL NADU WAKF BOARD, KADER AWLIYA PALLIVASAL COMPOUND, TIRUVANDRUM ROAD, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE WAKF INSPECTOR, TUTICORIN TAMIL NADU WAKF BOARD, NO.54/15/S.N.H.ROAD, TIRUNELVELI-1 5 M.A.S.ZAROOK 6 M.M.MEERA SAHIB 7 S.A.MEERA SAHIB 8 K.N.SAMU SHIHABDEEN 9 S.E.HAMEED YUSUF ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorari calling for records relating to the impugned order of the 2nd respondent in Sa.Mu.AAnai.No. 3591/16/Aa1/Thukudi dated 07.06.2019 and quash the same as illegal and in violation of Principles of Natural Justice.
Prayer in WMP(MD). 10451/ 2019 :
To grant an AD-Interim Stay, the operation of the impugned order of the 2nd respondent in Sa.Mu.AAnai.No. 3591/16/Aa1/Thukudi dated 07.06.2019 pending disposal of this WP and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.JAYESH DOLIA, Advocate for M/S.AIYAR & DOLIA, for the petitioner and of Mr.S.A.S.ALLOUDEEN, Standing Counsel for R1 to R4, the court made the following order:- Mr.S.A.S.Alloudeen, learned Standing Counsel accepts notice on behalf of respondents 1 to 4.
2.Let notice go both through Court as well as privately to respondents 5 to 9, returnable 19.07.2019. Proof of service of R5 to R9 be filed in the meantime.
3.Mr.Jayesh Dolia, appearing for the petitioner draws attention to the order of this Court dated 19.11.2018 passed in W.M.P.[MD] No.20898 of 2018 in W.P.[MD]No.23002 of 2018, stating that in the earlier writ petition involving the same respondents as before me now, this Court has been pleased to grant an order of interim stay of a similar impugned order dated 01.10.2018 (pages 52 and 88 of the typed set of documents).
3.Learned Counsel who has accepted notice on behalf of official respondents seeks time to obtain instructions and file a counter. 4.In the light of the aforesaid, there shall be an order of interim stay, effective till 19.07.2019.
5.List on 19.07.2019.
sd/- 21/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE CHAIRMAN, TAMIL NADU WAKF BOARD
2 THE CHIEF EXECUTIVE OFFICER TAMIL NADU WAKF BOARD, 3 THE WAKF SUPERINTENDENT TAMIL NADU WAKF BOARD, KADER AWLIYA PALLIVASAL COMPOUND, TIRUVANDRUM ROAD, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE WAKF INSPECTOR, TUTICORIN TAMIL NADU WAKF BOARD, NO.54/15/S.N.H.ROAD, TIRUNELVELI-1.
+1. C.C. to M/S.AIYAR & DOLIA Advocate SR.No.10426
ORDER
IN WP(MD) No.13948 of 2019 and W.M.P.[MD]No.10451 of 2019 Date :21/06/2019 MS/VR/SAR-2/28.06.2019/3P.6C