Madras High CourtWP(MD)/27987/2024dismissed

Pathar Nisha v. The Tamil Nadu Waqf Board

2024-11-25Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.23745 to 23747 of 2024 1.Pathar Nisha 2.P.Mohammed Iliyas .. Petitioners Vs.

1.The Tamil Nadu Waqf Board, Rep., through its Chief Executive Officer, 2.The Tamil Nadu Waqf Board, Rep., through its Chairman, 3.The Superintendent of Waqf, Tirunelveli.

4.Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal, Rep., by the president of Ad hoc Committee, Madurai to Tirunelveli Main Road, Gangaikondan, Tirunelveli.

5.Kattu Bava Sahib Pallivasal @ Peer, Mohammed Sahib Pallivasal, Rep., by the Secretary of Ad hoc Committee, Madurai to Tirunelveli Main Road, Gangaikondan, Tirunelveli.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed in Na.Ka.No. 10808/07/Aa1/T.Veli, dated 15.10.2024 by the 3rd respondent, quash the same as illegal and in violation of Principles of Natural Justice and consequently approve the petitioners as hereditary Muthawalli of the Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal by succession.

For Petitioner :

Mr.R.M.Suresh For R1 to R3 :

Mr.S.A.Ajmalkhan For R4 & R5 :

Mr.M.M.Khaleel

ORDER

This writ petition has been filed challenging the resolution of the Board rejecting the request of the petitioner for approval of his appointment as Muthawalli.

2. Against the said order, the petitioner has got an effective alternate remedy under Section 83 of the Wakf Act, 1995. Hence, this Writ Petition is not maintainable and is liable to be dismissed. However, liberty is given to the petitioner to approach the Wakf Tribunal by invoking the provisions of Section 83 of the Wakf Act.

3. With the aforesaid liberty, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Chief Executive Officer, Tamil Nadu Waqf Board,

K.KUMARESH BABU, J.

abr 2.The Chairman, Tamil Nadu Waqf Board, 3.The Superintendent of Waqf, Tirunelveli.

Dated: 25.11.2024 (2/2)