Madras High CourtWP(MD)/15071/2020disposed of

S. Syed Peersha @ Peersha v. The Chief Executive Officer,

2020-11-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.15071 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.15071 of 2020 S.Syed Peersha @ Peersha : Petitioner Vs.

1.The Chief Executive Officer, Tamil Nadu Wakf Board, Door No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.Janab.Anish : Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the 1st respondent to complete the proceedings in Na.Ka.No.4050/18/M1/jpNtyp dated 25.10.2018 regarding the appointment of Muthavali in Mahamotha Pallivasal alias Munsiff Sahib Muhalla Mosque Salia Street, Tirunelveli Town, Serial Number.13/TNV, by considering the petitioner representation, dated 15.11.2018 and 15.07.2019 within the period stipulated by this Court.

For Petitioner :Mr.A.Haja Mohideen For R1 :Mr.S.A.Ajmal Khan Standing Counsel

ORDER

(This petition was heard through Video Conferencing) This Writ Petition has been filed seeking for a Mandamus to direct the 1st respondent to complete the proceedings dated 25.10.2018 regarding the appointment of Muthavali in Mahamotha Pallivasal alias Munsiff Sahib Muhalla Mosque Salia Street, Tirunelveli Town, Serial Number.13/TNV, by considering the petitioner's representation, dated 15.11.2018 and 15.07.2019 within the period stipulated by this Court.

2.Heard Mr.A.Haja Mohideen, learned Counsel for the petitioner and Mr.S.A.Ajmal Khan, learned Standing Counsel for the 1st respondent.

3.It is represented by the learned Standing Counsel for the first respondent that final order has been passed by the Tamil Nadu Wakf Board, on 02.11.2018. A copy of the same has also been given to the learned Counsel for the petitioner. However, the learned Counsel for the petitioner, on instructions, would submit that the https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.15071 of 2020 petitioner seeks liberty to challenge the final order, dated 02.11.2018 passed by the Tamil Nadu Wakf Board. 4.In view of the final order having been passed, the relief sought for in this Writ Petition cannot be granted, as the said relief has been merged with the final order, dated 02.11.2018, passed by the Tamil Nadu Wakf Board.

5.For the foregoing reasons, the Writ Petition is disposed of by granting liberty to the petitioner to challenge the order, dated 02.11.2018, passed by the Tamil Nadu Wakf Board, in accordance with law. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) +1 CC to M/s.S.A. AJMAL KHAN, Advocate ( SR-22598[F] dated 24/11/2020 ) W.P.(MD)No.15071 of 2020 23.11.2020 SE(CO) KB(03.12.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/