S.Sugarno v. The Chief Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD).No.2863 of 2019 S.Sugarno ... Petitioner Vs.
1.The Chief Executive Officer, Door No.1 Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai 600 001.
2.The Superintendent of Wakf, Kanyakumari District At Present Tirunelveli.
3.The Inspector of Wakf, Nagarcoil.
4.The President, Malickdhinar Baithulmal Jamath, Pon Arippu Street, Kottar, Nagarcoil, Kanyakumari District.
5.The Secretary, Malickdhinar Baithulmal Jamath, Pon Arippu Street, Kottar, Nagarcoil, Kanyakumari District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of first respondent's Special Resolution No.9/08 dated 27.03.2008 and quash the same as against the principles of natural justice and violation of Article-14 of Fundamental Rights of the Constitution of India consequentially direct the first respondent to allow the tenants/members of the 1/3
Malikdhinar Baithulmal Jamath to cast their vote in the Malikdhinar Baithulmal Jamath election and to provide all other rights at par with the existing members of the Malikdhinar Baithulmal Jamath, by considering petitioner's representation dated 14.01.2019, within the period stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For R1 to R3 : Mr.K.K.Senthi Standing Counsel For R4 : Mr.C.T.Perumal For R5 : No Appearance
ORDER
The learned counsel for the petitioner submits that liberty may be given to the petitioner to workout remedy under Section 83 (2) of the Waqf Act, 1995.
2. Recording the request of the learned counsel for the petitioner, the writ petition is dismissed with liberty to the petitioner to workout alternate remdey before the tribunal under Section 83 (2) of the Waqf Act. Suh application will be filed by the petitioner within a period of thirty days from the date of receipt of copy of this order. In case, the petitioner filed such application, the tribunal shall consider and pass appropriate orders on merits and in accordance with law. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(writs) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Chief Executive Officer, Door No.1 Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai 600 001.
2/3
2.The Superintendent of Wakf, Kanyakumari District At Present Tirunelveli.
3.The Inspector of Wakf, Nagarcoil.
4.The President, Malickdhinar Baithulmal Jamath, Pon Arippu Street, Kottar, Nagarcoil, Kanyakumari District.
+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-6923[F] dated 17/02/2022 ) +1 CC to M/s.C.T.PERUMAL, Advocate ( SR-7196[F] dated 18/02/2022 ) 16.02.2022 MK/25.02.2022/3P/7C 3/3