A.H.Ibrahim (Died) v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.9340 of 2016 A.H.Ibrahim (Died) M.Musthafa Ali ... Petitioner (Petitioner substituted vide order of this Court dated 10.11.2023 made in W.M.P.

(MD) No.12253 of 2023 in W.P.(MD) No.12253 of 2016 by VLNJ) Vs.

1.The Government of Tamilnadu, Rep. by its Principal Secretary, Backward Classes/most Backward Classes and Minorities Welfare Department, Fort St. George, Chennai.

2.The District Collector, Madurai District, Madurai.

3.The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, Vallal Seethakathi Nagar, Chennai.

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4.A.Syed Khaja Mueenudeen

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Quo Warranto, directing the 4th respondent to show cause as to how the petitioner hold the post of Kazi for Madurai Town and District. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Amjadkhan Government Advocate for R1 and R2 Mr.S.A.Ajmalkhan Standing Counsel for R3 Mr.S.Anwar Sameem for R4

O R D E R

The writ petitioner seeks for a quo warranto, challenging the appointment of the fourth respondent as a Kazi for the local area of Madurai.

2. This Writ Petition was admitted in the year 2016 and had been pending and in the meantime, events overtook the cause. The fourth respondent is no more the Kazi. This is clear from the Gazette produced by the learned Standing Counsel for the third respondent. As per the Gazette, the Government has appointed one M.Saboor Mohideen S/o. Mohamed Shereef, residing at Plot No. 2/4

252/1, TNHB Colony, Mela Anuppanadi, Madurai, as the Kazi for Madurai District for the period of three years from 21.08.2023.

3. Since the fourth respondent is no more Kazi for Madurai District, the cause of action for the Writ Petition does not survive. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

10.11.2023 NCC : Yes / No Index : Yes / No SJ To 1.The Principal Secretary, Backward Classes/most Backward Classes and Minorities Welfare Department, Government of Tamilnadu, Fort St. George, Chennai.

2.The District Collector, Madurai District, Madurai.

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V.LAKSHMINARAYANAN, J.

SJ 10.11.2023 4/4