M.Anwar, S/O.R.Mohammed v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE. P.D.AUDIKESAVALU M.Anwar ... Petitioner Vs.

1.The Chief Executive Officer, Wakf Board, No.1, Jafer Jarang Street, Vallal Seethakadi Nagar, Chennai.

2.The Superintendent of Wakf, Wakf Board, S.N.High Road, Tirunelveli.

3.The Inspector, Wakf Board, Tirunelveli.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Commissioner of Police, Tirunelveli City Police, Tirunelveli.

6.The Inspector of Police, Thachanallur Police Station, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondents to safe guard the land by restraining the third parties from interfering in the land in Survey No.545 to 552, T.S.No.2, 3, 4, 5, 6, 9, 10, 11 to an extent of 27 Acres situated at Kandiaperi II Village, Tirunelveli belongs to the Farusullasha Pakeer Taika Wakf till the appointment of Muttavalli for the said Wakf based on the petitioner's representation dated 16.09.2015. For Petitioner : Mr.T.Selvan For R1 to R3 : Mr.T.S.Md.Mohideen, Standing Counsel.

For R4 and R5 : Mr.R.Murugan, Additional Government Pleader.

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ORDER

The Writ Petition filed for a direction to the Respondents to safe guard the lands in Survey Nos.545 to 552, T.S.Nos.2, 3, 4, 5, 6, 9, 10, 11 to an extent of 27 Acres situated at Kandiaperi II Village, Tirunelveli belongs to the Farusullasha Pakeer Taika Wakf based on the representation dated 16.09.2015 made by the Petitioner in that regard.

2.

When the matter is taken up for hearing, Learned Standing Counsel appearing for the First, Second and Third Respondents states that Muthavalli for that Wakf has been appointed on 06.03.2019 and he has also filed a Memo to that effect, which is recorded. 3.In view of the aforesaid subsequent events that have taken place after filing of the Writ Petition, Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ Petition.

4.Accordingly, this Writ Petition is dismissed as withdrawn. If the Petitioner still has any grievance to be redressed, it is open to him to work out his remedies before the proper forum for necessary relief in the manner recognized by law. No costs. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) das/sj To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner of Police, Tirunelveli City Police, Tirunelveli.

3.The Inspector of Police, Thachanallur Police Station, Tirunelveli.

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Copy to:

The Additional Public Prosecutor Madurai bench of Madras High Court, Madurai +1 CC to M/s.T.S.MOHMED MOHIDEEN, Advocate ( SR-9661[F] dated 02/03/2020 ) +1 CC to M/s.SPL GP ( SR-9769[F] dated 03/03/2020 ) +1 CC to M/s.T.SELVAN, Advocate ( SR-9873[F] dated 03/03/2020 ) 02.03.2020 AP (19.03.2020) 3P 8C 3/3