Kaliba. Syed Haiyath Kalantha v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR and W.M.P(MD).No.717 of 2017 Kaliba. Syed Haiyath Kalantha, Secretary, Hazarad Thaplea Aalam Badhusha, Nadhgarvalli Tharga Brother Tribes Welfare Association, No.6, Natharsha Pallivasal Street, Madurai Road, Trichy.
... Petitioner -Vs.-
1. The Chairman, Tamilnadu Wakf Board, No.1, Jafar Sirong Street, Vallal Seethakathi Nagar, Chennai.
2. The Principal Executive Officer, Tamilnadu Wakf Board, No.1, Jafar Sirong Street, Vallal Seethakathi Nagar, Chennai.
3. The Superintendent, Tamilnadu Wakf Board, Central Circle, No.12, Kileathar Street, Trichy - 620 002.
4. The Inspector, Tamilnadu Wakf Board, No.1, Kileathar Street, Trichy - 620 002.
5. J.S.M.Syed Jamaludeen .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to conduct the Santhana Koodu Festival in the present year at the Trichy Hazarad Thaplea Aalam Badhusha Nathgarvalli Tharga or by the Tharga Trust Committee till the appointment made for the post of Hereditary Trustee, the brothers trustee. 1/3
For Petitioner :
Mr.A.Vadivel For Respondents :
Mr.D.S.Haroon Rasheed for R1 to R4 No Appearance for R5 ******
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 06.12.2021.
2. Today, Mr.A.Vadivel, learned counsel for writ petitioner and Mr.D.S.Haroon Rasheed, learned Standing Counsel for Tamil Nadu Waqf Board on behalf of respondents 1 to 4 are before me. Today also there is no representation for fifth respondent (private respondent) though the fifth respondent has entered appearance through a counsel and the name of the learned counsel (Mr.M.Siddharthan) is duly shown in the cause list.
3. Be that as it may, learned counsel for writ petitioner and learned Standing Counsel for Tamil Nadu Waqf Board submit in one voice that the captioned main writ petition has become infructuous as it pertains to a festival in a public Waqf and the festival has since been conducted on 26.01.2016. Both learned counsel also submit that the captioned main writ petition can be disposed of as closed.
4. Recording the common submission/stated position of learned counsel for writ petitioner and learned Standing Counsel for Tamil Nadu Waqf Board, the captioned writ petition is 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. Cosequently, captioned WMP is also disposed of as closed. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 2/3
To
1. The Chairman, Tamilnadu Wakf Board, No.1, Jafar Sirong Street, Vallal Seethakathi Nagar, Chennai.
2. The Principal Executive Officer, Tamilnadu Wakf Board, No.1, Jafar Sirong Street, Vallal Seethakathi Nagar, Chennai.
3. The Superintendent, Tamilnadu Wakf Board, Central Circle, No.12, Kileathar Street, Trichy - 620 002.
4. The Inspector, Tamilnadu Wakf Board, No.1, Kileathar Street, Trichy - 620 002.
08.12.2021 USK (20.12.2021) 3P 5C 3/3