Madras High CourtWP(MD)/12076/2016withdrawn dismissed

S.Faroog v. The Chief Secretary

2016-07-12Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.12076 of 2016 and W.M.P(MD)Nos.9200 to 9202 of 2016 **** S.Farooq ...

Petitioner Vs.

1.Chief Secretary, Tamil Nadu Wakf Board, No.1, Jabar Sherang Street, Vallal Seethakathi Nagar, Chennai -1.

2.The Superintendent, Tamil Nadu Wakf Board, Kilaithar Street, Trichy - 12.

3.The Assistant Commissioner, K-Abishekapuram Zone, Trichy City Corporation, Thiruchirapalli.

4.Mohammed Yasheen ...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records relating to the impugned order, dated 10.03.2016 issued by the third respondent in Proceedings C.No.93/2016, P.P.No.87 of 2016 and quash the same.

For petitioner : Mr.K.Suresh

ORDER

After some arguments, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to approach the civil Court where his civil suit is pending and he has also made an endorsement to that effect.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner has already filed a suit in Wakf O.P.No.3 of 2016 on the file of the Sub-Court, Thiruchirapalli, against the

first and fourth respondents, seeking a decree for declaration and permanent injunction. The same is pending now. While so, this Writ Petition cannot be entertained as he has to approach the trial court by moving appropriate application.

3. In view of the same, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to move an application before the trial Court. In the event of filing application by the petitioner, the trial Court shall entertain the same and consider the case of the petitioner, on merits and in accordance with law. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar pm To, 1.The Chief Secretary,Tamil Nadu Wakf Board, No.1, Jabar Sherang Street, Vallal Seethakathi Nagar, Chennai -1.

2.The Superintendent,Tamil Nadu Wakf Board, Kilaithar Street,Trichy - 12.

3.The Assistant Commissioner,K-Abishekapuram Zone, Trichy City Corporation,-Thiruchirapalli.

GJM/ARK/PV/21.7.16-2p-4c W.P(MD).No.12076 of 2016 and W.M.P(MD)Nos.9200 to 9202 of 2016 12.07.2016 https://hcservices.ecourts.gov.in/hcservices/