Madras High CourtWA(MD)/1592/2024disposed of

S.J.Abul Hasan v. A.M.S.Sihabudeen

2025-02-13Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13/02/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.12457 of 2024 S.J.Abul Hasan ... Appellant Vs

1. A.M.S.Sihabudeen

2. The Chairman, TN Wakf Board, No.1, Jaffer Syrang Street, Chennai 600 001..

3. The Chief Executive Officer, TN Walf Board No. 1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai- 600001.

4. Mohamed Mohideen .S..

5. Sarfudeen .M,

6. Musthakeen .S 1/6

7. Sabeek .S

8. Mohamed Aslam .S

9. Abdul Hadi .S,

10. Mohamed Idiris .S,

11. Mohamed Jaleel .S,

12. Thasleem Ariff .M,

13. Mohamed Javid .M,

14. Shakeel Ahmed .A,

15. Mohamed Ansari .S,

16. Thanees .A,

17. Hatheem .A,

18. Abudul Hadi .A,

19. Faisal .A,

20. Irshath .A,

21. Mohmed Meerasahib .S, ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 19.07.2024 in WP(MD). No. 16219/2024. For Appellant : M/s.I..Gavaskar For Respondents : Mr.A.V.Arun for R1 Mr.D.S.Haroon Rasheed for R2&R3 2/6

Mr.G.Ravishankar for R4 Ms.A.Ajmath Begam for R21 Mr.M.J.Jaseem Mohamed for R11 to R13 R8 to R10 unclaimed R19 unserved R5,R6,R7 and R14 No appearance

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The writ appeal is directed against the order of the writ Court dated 19.07.2024 in WP(MD) No.16219/2024.

2. The appellant is one of the respondent/13th respondent in the writ petition.

3. The learned counsel for the appellant would submit that the appellant and his family members are aggrieved by the observation that has been made by the writ Court that while receiving applications from the family members of S.M.S.Sheik Jalaludeen/respondents 3 to 21 therein, past conduct of the concerned applicant shall be borne in mind. It is his submission that such observation might obstruct the decision of the authority. It is also submitted that no notice whatsoever has been served either on the appellant or the other private respondents and 3/6

observation made against the appellant herein and his family members, which may affect the appellant's rights of being selected as office bearers of the M.K.N.Madarasa Trust Wakf, the learned counsel prays for interference.

4. Considering the submission made by the appellant, ends of justice would be met by removing the observation that while receiving applications from the appellant's family members, their past conduct has to be borne in mind, alone shall be set aside and rest of the order remains unaltered.

5. Accordingly, the writ appeal is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 13.02.2025 NCC : Yes/No Index : Yes/No Office to Note: Order copy by today itself. (14.02.2025) RR 4/6

1. The Chairman, TN Wakf Board, No.1, Jaffer Syrang Street, Chennai 600 001..

2. The Chief Executive Officer, TN Walf Board No. 1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai- 600001.

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J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.1592 of 2024 Date : 13/02/2025 6/6