Keela Muhalla Melakatch v. The Tamilnadu Wakf Board,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.6402 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 Keela Muhalla Melakatchi Muslim Jamath Kayanallur, Rep. By its President, S.S.Kalanthar Masthan.
... Petitioner Vs.
1.The Tamil Nadu Wakf Board, Represented by its Chairman, Chennai.
2.The Chief Exeuctive Officer, Tamil Nadu Wakf Board, Chennai.
3.The Superintendent of Wakf, Durga Building, No.54, S.N.High Road, Sripuram, Tirunelveli.
4.The Muthawalli, Keezhatheru Naina Mohammed Jumma Pallivasal, Kadayanallur, Tirunelveli.
5.S.A.Shiek Meeran.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in Che.Mu.Aanai.No.1214/15/Aa1/Thi.veli Dated 13.03.2015 and quash the same in respect of approving the representative of Melakatchi i.e., the 4th respondent and consequently direct the 1st respondent to approve the petitioner as representative of Melakathci to the committee constituted as per the scheme dated 27.10.1999.
For Petitioner : Mr.M.Subbiah for Mr.H.Arumugam For Respondents : Mr.G.Chandrasekar, Standing Counsel for R1 to R3 Mr.M.Mahaboob Athiff for M/s.Ajmal Associates for R4 & R5 1/3
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 02.12.2021. Adverting to the earlier proceedings, this Court is now informed that the learned counsel since has instructions.
2. Mr.M.Subbiah, learned counsel representing the counsel on record for the lone writ petitioner, Mr.G.Chandrasekar, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of respondents 1 to 3 and Mr.M.Mahaboob Athiff of M/s.Ajmal Associates [Law Firm] on behalf of respondents 4 and 5 (private respondents) are before me.
3. All the aforementioned learned counsel submit in one voice that the captioned main writ petition has become infructuous as the impugned order dated 13.03.2015 made by the first respondent pertains to recognition of respondents 4 / 5 as Muthawalli/s of a public wakf which goes by the name Keezhatheru Naina Mohammed Jumma Pallivasal at Kadayanallur. The recognition was for a three year tenure from 2015-2018 and the three year tenure has elapsed.
4. Recording the stated position of all the parties before me, captioned writ petition is disposed of as closed. Consequently, captioned writ miscellaneous petitions are also disposed of as closed. Though obvious, it is made clear that I have not expressed any view or opinion on the merits of the matter in this order. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm To 1.The Chairman, Tamil Nadu Wakf Board, Chennai.
2.The Chief Exeuctive Officer, Tamil Nadu Wakf Board, Chennai.
2/3
3.The Superintendent of Wakf, Durga Building, No.54, S.N.High Road, Sripuram, Tirunelveli.
+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-38231[F] dated 10/12/2021 ) +1 CC to M/s.G.CHANDRASEKAR, Advocate ( SR-38283[F] dated 13/12/2021 ) W.P(MD)No.6402 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 09.12.2021 RK(23/12/2021) 3P 6C 3/3