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Madras High CourtWP(MD)/22238/2022withdrawn dismissed

Hazrath Kabadi Mosque v. Tamil Nadu Waqf Board

2022-12-22Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) Nos. 16416 & 16417 of 2022 Hazrath Kabadi Mosque, Represented by Muthawalli M.H.Rahimuddin Sahab.

... Petitioner Vs.

1.Tamil Nadu Waqf Board, Represented by its Chairman, No.1, Jaffer Syrang Street, Valla Seetharathi Nagar, Chennai - 1.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Valla Seetharathi Nagar, Chennai - 1.

3.The Election Officer, Superintendent of Waqfs, Trichy Zone, No.8/124, Kayeethemillath Salai, Palakarai, Trichy - 8.

4.Jamal Mohammed ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorarified Mandamus to quash the impugned letter issued by 2nd respondent in Na.Ka.No.9006/22/Aa5/Trichy dated 12.08.2022 and the 3rd respondent vide his letter Na.Ka.G.S.648/T.A./V.K./Trichy/2022 dated 01.09.2022 and consequently forbear the respondent to conduct election in Hazrath Kabadi Mosque at T.S.No.1928, Ward 4, Block 21, Trichy.

For Petitioner : Ms. M.Rajeswari for Mr.S.M.S.Johnny Basha For R-1 to R-3 : Mr. Ajmal Khan Standing Counsel For R-4 : Mr. S.Haja Mohideen

ORDER

When it was pointed out by Learned Standing Counsel for the Respondents that during the pendency of this Writ Petition, election has been conducted on 06.12.2022 and as such, the relief sought for by the Petitioner has become infructuous, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition reserving the right of the Petitioner to challenge the election conducted on 06.12.2022 before appropriate forum in accordance with law. He has also made an endorsement to that effect.

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In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petitions are closed. No costs.

22.12.2022 Index : Yes/No Internet : Yes/No Sm TO:

1.Tamil Nadu Waqf Board, Represented by its Chairman, No.1, Jaffer Syrang Street, Valla Seetharathi Nagar, Chennai - 1.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Valla Seetharathi Nagar, Chennai - 1.

3.The Election Officer, Superintendent of Waqfs, Trichy Zone, No.8/124, Kayeethemillath Salai, Palakarai, Trichy - 8.

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P.D.AUDIKESAVALU,J.

Sm 22.12.2022 4/4