Madras High CourtWP(MD)/12984/2021closed

Doulath Hussain Khan.R v. The Tamil Nadu Waqf Board

2022-04-08Honourable Mr Justice C. Saravanan2 pages

Writ Petition (MD) No.12984 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.12984 of 2021 and W.M.P.(MD)Nos.10054 and 11887 of 2021 and 3549 of 2022 R.Doulath Hussain Khan .. Petitioner

Versus

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

2.The Waqf Superintendent/Election Officer, Office of the Waqf Superintendent, Tiruchirappali Division, Tiruchirappalli.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned notification of the second respondent in Na.Ka.No.GS 162 and 207/Trichy/V.K.THA.A/2021, dated 19.07.2021 and quash the same as illegal.

For Petitioner :

Mr.M.Mahoob Athiff for M/s.Ajmal Associates For Respondents :

Mr.D.S.Haroon Rasheed

ORDER

Today, when the matter is taken up for hearing, the learned counsel for the respondents Wakf Board submitted that petitioner has been appointed as Mutawalli pursuant to the resolution, dated 24.11.2021, for a period of three years. A copy of the said resolution has been filed by the learned Standing Counsel for the respondents. Due to pendency of the Writ Petition and the interim order granted by this Court, dated 29.07.2021, the secret ballot for election of the office bearers to assist the petitioner, who has now been appointed as Mutawalli, has not been carried out. 2.Considering the above said submission, I am inclined to close this Writ Petition, as the petitioner's interest has been taken care https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition (MD) No.12984 of 2021 of by the resolution, dated 24.11.2021, appointing the petitioner as Mutawalli for a period of three years. In case, the petitioner is still aggrieved by the said decision, it is open for the petitioner to approach the Wakf Tribunal under Section 83 of the Wakf Act. 3.In the light of the above, the respondents are permitted to proceed further with the election of other seven members. 4.This Writ Petition is closed with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To 1.The Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Waqf Superintendent/Election Officer, Office of the Waqf Superintendent, Tiruchirappali Division, Tiruchirappalli.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-17692[F] dated 11/04/2022 ) Writ Petition (MD) No.12984 of 2021 08.04.2022 NA(CO) RK(22/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2