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Madras High CourtWP(MD)/25388/2018disposed of

B.Mehtaj, v. The Tamil Nadu Wakf Board,

2021-11-19Honourable Mr Justice M. Sundar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P(MD).Nos.25388 of 2018 and 18286 of 2019 and W.M.P(MD).Nos.22970 of 2018 and 14730 of 2019 B.Mehtaj ... Petitioner (in both writ petitions) -Vs.- 1.Tamil Nadu Wakf Board rep. by its Chairman, No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Custom House Back Side, Chennai - 600 001.

... 1st Respondent (in both writ petitions) 2.The Chief Executive Officer, Tamil Nadu Wakf Board No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Custom House Back Side, Chennai - 600 001.

3.The Superintendent, Trichy Region, Office of the Superintendent of Wakf, No.8/124, 2nd floor, Qaide Millath Road, Palakarai, Trichy.

... 2nd & 3rd Respondents in W.P(MD).No.18286 of 2019 Prayer in W.P(MD).No.25388 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to extend the period of the petitioner as Muthavalli of Hazarath Kadar Avulia Wakf, Trichy for the period of three years, within a time stipulated by this Court. Prayer in W.P(MD).No.18286 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioner to continue in the office of Muthavalli in the female line of Hazarath Kadar Avulia Wakf, Trichy till the formation of committee for appointment of Muthavalli to the Wakf.

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For Petitioner :

Ms.M.R.Priyanka Jothi for Ms.J.Anandhavalli (in both writ petitions) For Respondents :

Mr.D.S.Haroon Rasheed, Standing Counsel (in both writ petitions) ******

O R D E R

Captioned writ petitions pertain to 'Hazarath Kadar Avulia Pallivasal in Tiruchirappalli District' (hereinafter the 'said Waqf' for the sake of convenience and clarity) which is a surveyed Waqf and the central theme of the lis in the captioned writ petitions pertain to the tenure of Muthavallis qua said Waqf.

2. Ms.M.R.Priyanka Jothi, learned counsel representing the counsel on record for writ petitioner in both the captioned main writ petitons and Mr.D.S.Haroon Rasheed, learned Standing Counsel for Tamil Nadu Waqf Board on behalf of respondents in both the captioned writ petitions are before this Court.

3. Learned Standing Counsel for Tamil Nadu Waqf Board has placed before this Court proceedings dated 12.02.2020 bearing reference Proc.No.15288/14/B5/Try and a scanned reproduction of the same is as follows:

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4. Learned counsel for writ petitioner has been favoured with an advance copy of the aforementioned proceedings. Learned counsel for writ petitioner, on instructions submits that the aforementioned proceedings, gives quietus to the prayers in both the captioned writ petitions. This submission is recorded.

5. Recording the aforementioned submission would mean curtains are down on the captioned writ petitions i.e., both the writ petitions will stand concluded by this order. 4/5

6. Captioned writ petitions and captioned W.M.Ps therein are disposed of as closed recording the aforementioned sated positions of the respective parties. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To 1.The Chairman, Tamil Nadu Wakf Board No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Custom House Back Side, Chennai - 600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Custom House Back Side, Chennai - 600 001.

3.The Superintendent, Trichy Region, Office of the Superintendent of Wakf, No.8/124, 2nd floor, Qaide Millath Road, Palakarai, Trichy.

+2 CC to M/s.J. ANANDHAVALLI, Advocate (SR-35379 & 35381[F] dated 22/11/2021) W.P(MD).Nos.25388 of 2018 and 18286 of 2019 19.11.2021 NA(CO) GC(29.11.2021) 5P 6C 5/5