A.Mohamed Sathik v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.18464 of 2016 A.Mohamed Sathik ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by The Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare (S1) Department, Secretariat, Chennai - 9.

2.The State of Tamil Nadu, Represented by The Deputy Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (S1) Department, Secretariat, Chennai - 9.

3.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaber Seeran Street, Vallal Seethakathi Nagar, Chennai - 1.

4.The District collector, District Collector Campus, Pudukkottai, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents to appoint the competent person to the post of District Kazi in Pudukkottai District in the light of the recommendations made by the 4th respondent in his proceedings Na.Ka.No.32448/2010/M4 dated 06.02.2014, based upon the petitioner's representation dated 19.07.2016 within the stipulated time that may be fixed by this Court.

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For Petitioner : Ms.N.Gayathri for Ms.A.Banumathy For Respondents : Mr.T.Amjadkhan, Govt. Advocate for R1, R2 & R4 Mr.D.S.Haroon Rasheed for R3 Standing Counsel.

O R D E R

Ms.N.Gayathri, learned counsel representing the counsel on record for writ petitioner, Mr.T.Amjadkhan, learned Government Advocate on behalf of respondents 1 and 2 to 4 and Mr.D.S.Haroon Rasheed, learned Standing Counsel for Tamil Nadu Wakf Board for the third respondent are before this Court.

2. Learned counsel representing the counsel on record for writ petitioner submits that the writ petitioner is no more and he has no instructions to take steps to bring any one on record.

3. Be that as it may, the prayer in the writ petition is a mandamus qua representation made by the fourth respondent District Collector being representation dated 06.02.2014 and that in turn pertains to appointment of District Kazi for Pudukkottai District. This Court is informed by learned State Counsel and Standing Counsel for Tamil Nadu Wakf Board that the Government has since issued an executive order i.e., G.O.(MS)No.48, Backward Classes, Most Backward Classes and Minorities Welfare (S1) Department, dated 28.08.2017 and appointed one Thiru N.M.Amanullah, Son of Noor Mohamed as District Kasi for Pudukkottai District. The aforementioned Government Order is as follows:

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4. The above draws the curtains i.e., down the curtains on captioned main writ petition. Recording the aforementioned obtaining positions, captioned writ petition is disposed of as closed. There shall be no order as to costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm To 1.The Secretary to Government, The State of Tamil Nadu, Backward Classes, Most Backward Classes and Minorities Welfare (S1) Department, Secretariat, Chennai - 9.

2.The Deputy Secretary to Government, The State of Tamil Nadu, Backward Classes, Most Backward Classes and Minorities Welfare (S1) Department, Secretariat, Chennai - 9.

3.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaber Seeran Street, Vallal Seethakathi Nagar, Chennai - 1.

4.The District collector, District Collector Campus, Pudukkottai, Pudukkottai District.

+1 CC to M/s.SPL GP ( SR-36017[F] dated 26/11/2021 ) W.P(MD)No.18464 of 2016 25.11.2021 RD(15.12.2021) 4P 6C 4/4