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Madras High CourtWP(MD)/21636/2016disposed of

M.Fakurudeen Ali Ahamed v. The Tamil Nadu Wakf Board,

2016-11-10Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2016

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P(MD).No.21636 of 2016 and W.M.P.(MD).Nos.15459 and 15460 of 2016 M.Fakurudeen Ali Ahmed ...

Petitioner Vs 1.The Tamil Nadu Wakf Board, rep. By its Chairman, door No.1, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer, TamilNadu Wakf Board, door No.1, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

3.S.M.Ali Akbar 4.K.Shajahan 5.H.Mohammd Iqbaul 6.M.K.A.Sagibu Kani 7.A.S.M.Shahul Hameed 8.S.A.Jainul Afdeen 9.A.Abdul Vahidu 10.A.Sarif Abdullah 11.M.Mohammed Saligu 12.M.Shahul Hameedu 13.N.Badur Jaman 14.A.Jamal ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned order dated 01.11.2016 in Se.Mu.Aanai.No.12873/97/Aa5/Pudugai passed by the second respondent and quash the same.

For petitioner : Mr.J.Barathan For Respondents : Mr.K.K.Senthil for RR-1 & 2 Mr.M.Suresh for RR-3 & 4

ORDER

The petitioner being a member of the Kottaipattinam Muslim Jamath Wakf, has filed this writ petition, challenging the notice issued by the second respondent, appointing an interim committee to assist the existing interim administration committee for conducting the Kanthuri festival from 01.11.2016 to 01.12.2016.

2.

The learned counsel for the petitioner submitted that the only apprehension of the petitioner is that the interim committee appointed by the impugned order, is likely to disturb the festival proposed to be conducted.

3. The learned counsel appearing for the respondents 1 & 2 would submit that the impugned order was already challenged by another person in W.P.(MD).No.21215 of 2016, wherein, this Court passed the following order dated 04.11.2016:

"6.As the impugned order itself made it clear that the present Committee has been appointed only to assist the existing interim committee for conducting the festival, the newly appointed committee should not interfere with the administration of the Wakf, and this Writ Petition is disposed of with the above clarification." 4.In the above circumstances, the learned counsel appearing for the respondents 3 to 14 would submit that the respondents 3 to 14 are not disturbing the festival and they are only co-operating to conduct the festival peacefully. 5.In the above circumstances, the apprehension of the petitioner is totally misconceived. Accordingly, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar(C.O.,) /TRUE COPY/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Wakf Board, door No.1, Jafar SirangRoad, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer, TamilNadu Wakf Board, door No.1, Jafar SirangRoad, Vallal Seethakathi Nagar, Chennai.

+1cc to M/s.M.Suresh, Advocate, in SR No.67783. +1cc to M/s.K.K.Senthil, Advocate, in SR No.68056. W.P(MD).No.21636 of 2016 10.11.2016 vs msm/gsv/14.12.16/p3/5c