Madras High CourtWP(MD)/15629/2018dismissed as infructuous

Janab A.K.H.Mohideen Abdul v. The Chief Executive Officer /

2022-06-16Honourable Mr Justice M. Nirmal Kumar2 pages

W.P.(MD)No.15629 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.15629 of 2018 and WMP(MD) Nos.14034 and 14035 of 2018 Janab A.K.Mohideen Abdul Kadher .. Petitioner Vs 1.The Chief Executive Officer/District Revenue Officer Tamil Nadu Wakf Board Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai.

2. The Superintendent of Wakf Ramanathapuram Region, Ramanathapuram District.

3. Janab A.K.M.Mohideen Pitchai, Bajar Palllivasal Muslim Kabarsthan Pallivasal and Idha Wakfs Karaikudi, Sivagangai District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the impugned proceedings of the 1st respondent herein in his proceedings dated 26.06.2018 in e.f.vz;.No.1831/14/M3/rptf and quash the same as illegal and further issue appropriate direction directing the respondent herein to not to interfere with the management of the Karaikudi Aikiya Muslim Jamath at Sekkalai Road, Karaikudi without following due process of law. For Petitioner : Mr.J.Anandakumar For Respondents : Mr.N.Mohideen Basha No.1 and 2 Standing Counsel No.3 : Mr.P.M.Vishnu Varthanan

ORDER

The petition has filed directing the first respondent to consider and pass orders on the representation of the petitioner dated 08.06.2017 with regard to the removal of the third respondent as Muthavalli of the third respondent mosque.

2. The petitioner was elected as President of Wakf along with https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15629 of 2018 26 administration Committee members members in the general body meeting 20.10.2016. The tenure is for the period of three years from 2016-2019. The petitioner and others assumed office.

3. The learned counsel appearing of the wakf has submitted that through impunged notice dated 31.10.2017 the first respondent directed the Superintedent of Wakf to send a report for conducting fresh election. Thereafter on that election the third respondent was elected as President. Through an impugned notice dated 26.06.2028, the petitioner was directed to hand over the records to the third respondent and he has also handed over the same.

4. The respondent have not disputed the contention of the petitioner. Hence no specific order is required to be passed in the petition.

5. In view of the same, the petition stands dismissed as infructuous. No costs.

Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) Aav +1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-26274[F] dated 16/06/2022 ) W.P.(MD)No.15629 of 2018 and WMP(MD) Nos.14034 and 14035 of 2018 16.06.2022 RD(01.07.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2