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Madras High CourtWP(MD)/5170/2019closed

Naina Mohammed, v. The Tamil Nadu Waqf Board

2022-03-23Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD).No.4150 of 2019 Naina Mohammed President, Nallur Mohaideen Andavar Pallivasal, Aruppukottai, Virudhunagar District.

... Petitioner Vs.

1.The Tamil Nadu Waqf Board, Rep. by its Chairman, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.N.S.Mohammed Aslam, Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

4.M.Shahul Hameed 5.M.Jahangir President Adhoc Committee, Nallur Mohideen Andavar Pallivasal Wakf, Nallur Jamath, Aruppukkottai, Virudhunagar District.

...Respondents

(R5 is impleaded vide Court order dated 10.03.2021 in WMP(MD)No.3735 of 2021 in WP(MD)No.5170 of 2019) 1/3

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the second respondent in Sa.Mu.Annai.No.7649/01/A3/Viruthu dated 04.02.2019 and quash the same as illegal.

For Petitioner : No Appearance For R1 to R3 : Mr.S.A.Ajmal Khan For R4 : No Appearance For R5 : Mr.K.Jeyamohan

ORDER

There is no representation on behalf of the petitioner.

2. This writ petition has been filed to challenge the impugned communication/order of the second respondent/Chief Executive Officer, dated 04.02.2019. In terms of the aforesaid order/communication, the second respondent/Chief Executive Officer has recommended the first respondent to take actions on account of the large scale mismanagement of the Pallivasal by the petitioner and others. Prior to the aforesaid order, the impugned order, dated 04.02.2019 was stayed by this Court on 05.03.2019. However, one day prior to the stay, the first respondent took over the management on 04.03.2019.

3. Meanwhile, the complaint was lodged against the petitioner and others before Virudhunagar Police Station on 07.11.2020 in Crime No.11 of 2020. The petitioner has approached this Court for anticipatory bail and in the course of the proceedings, the matter was referred for mediation. On 15.09.2021, the petitioner appears to have handed over the management of the Pallivasal to the Waqf Board. The Waqf Board in turn has appointed the fifth respondent as the President of the Adhoc Committee to manage the affairs of the Pallivasal. On 08.02.2021, the period which was valid for one year was further extended to a period of one year.

4. Considering the same, I am inclined to close this writ petition as infructuous. Consequently, the connected Miscellaneuos Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3

To 1.The Chairman, The Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.The Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

4.The President, Adhoc Committee, Nallur Mohideen Andavar Pallivasal Wakf, Nallur Jamath, Aruppukkottai, Virudhunagar District.

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-13956[F] dated 23/03/2022 ) 23.03.2022 KS(CO) KB(04.04.2022) 3P 6C 3/3