Madras High CourtWP(MD)/18528/2018dismissed

L.Abdul Rasheed, v. The Tamil Nadu Wakf Board,

2018-08-27Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18528 of 2018 I.Abdul Rasheed ... Petitioner vs.

1. The Tamil Nadu Wakf Board rep.by its Chairman No.1, Jafar Sirang Road Vallal Seethakathi Nagar Customs House Back Side Chennai-1

2. The District Revenue Officer / Chief Executive Officer Tamilnadu Wakf Board No.1, Jafar Sirang Road Vallal Seethakathi Nagar Customs House Back Side Chennai-1

3. The Superintendent of Wakf Ramanathapuram Ramanathapuram District

4. The Wakf Inspector Ramanathapuram Ramanathapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to consider the petitioner's representation dated 26.06.2018 and pass orders in accordance with law within a stipulated time.

For Petitioner :

Mr.P.R.Prithiviraj For Respondents :

Mr.K.K.Senthil

O R D E R

The prayer in this writ petition is for issuance of a writ of mandamus directing the second respondent to consider the petitioner's representation, dated 26.06.2018, and pass orders in accordance with law within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

2. Mr.K.K.Senthil, learned counsel, who takes notice for the respondents, would submit that there is an effective alternative

remedy for the petitioner under Section 83 of the Wakf Act. Therefore, it is always open to the petitioner to approach the Wakf Tribunal under the above said Section and seek appropriate remedy in regard to the grievances projected by him in this writ petition.

3. Considering the effective alternative remedy as provided under Section 83 of the Wakf Act, this Court does not think that the writ petition can be entertained directly in its extraordinary jurisdiction under Article 226 of the Constitution of India. It is always open to the petitioner to seek appropriate remedy before the Wakf Tribunal under the provisions of the Wakf Act. Therefore, the writ petition is dismissed as not maintainable. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) +1cc to Mr.P.R.Prithiviraj, Advocate Sr.No.80315 +1cc to Mr.K.K.Senthil, Advocate Sr.No.80804 KRK VB/SKN/SAR1/11.09.2018/2P/3C W.P.(MD) No.18528 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/