Madras High CourtWP(MD)/4899/2016dismissed as infructuous

M.M. Meera Sahib, v. The Chief Executive Officer

2021-11-12Honourable Mr Justice M. Sundar2 pages

W.P(MD).No.4899 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P(MD).No.4899 of 2016 and WMP(MD) Nos.4391 and 4392 of 2016 WMP(MD)NOs.8257&8258 of 2016 M.M.Meera Sahib ... Petitioner -Vs.-

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jabbar Sirang Street, Vallal Seethakhadi Nagar, Chennai 600 001.

2. Wakf Superintendent, Tamil Nadu Wakf Board, No.1, Town Hall Road, Madurai - 625 001.

3. Wakf Superintendent, Tamil Nadu Wakf Board, No.15/54, Second Floor, S.N.H.Road, Tirunelveli-627 001.

4. Khader Sahib Maraikayar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to appoint a Special Officer, and take over the administration of Appa Pallivasal, registered as No.31TDR dated 28.03.1956 presently 448/TNV, situated in Survey No.471/1 in Kayalpattinam Village, Tuticorin District, under Sections 33 and 65 of the Wakf Act, or under other relevant provisions thereto and administer the same, in the manner as provided under the Wakf Act, by considering the complaints made by the petitioner under his representations dated 29.09.2014 to the first respondent within a time frame as may be fixed by this Court.

For Petitioners :

Ms.P.Jessi Jeeva Priya for G.Aravindan For Respondents :

Mr.G.Chandrasekar, Standing Counsel, for R1 to R3 Mr.Mahaboob Athiff for R4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.4899 of 2016

O R D E R

Ms.P.Jessi Jeeva Priya, learned counsel representing Mr.G.Aravindan, counsel on record for writ petitioner submits that the captioned writ petition has since become infructuous as much water has flown under the bridge.

2. Mr.Mahaboob Athiff, learned counsel for fourth respondent submits that the matter is pending before the Wakf Tribunal and therefore, it is desirable to make it clear that all questions are left open to be canvassed before the Tribunal. This request is acceded to.

3. Recording the stated position of the writ petitioner, captioned writ petition is disposed of as closed having become infructuous albeit leaving open all questions to be canvassed before Wakf Tribunal. Consequently, captioned WMPs are also disposed of as closed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To

1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jabbar Sirang Street, Vallal Seethakhadi Nagar, Chennai 600 001.

2. Wakf Superintendent, Tamil Nadu Wakf Board, No.1, Town Hall Road, Madurai - 625 001.

3. Wakf Superintendent, Tamil Nadu Wakf Board, No.15/54, Second Floor, S.N.H.Road, Tirunelveli-627 001.

+1 CC to M/s.G.CHANDRASEKAR, Advocate (SR-34427[F]dated 15/11/2021) W.P(MD).No.4899 of 2016 12.11.2021 RK/PM(23/11/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2