S.Mohamed Ansar v. The Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Mohamed Ansar

...Petitioner

Vs 1.The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01.

2.The Wakf Superintendent / Executive Officer, Madurai Wakf Board Office Circle, Tamil Nadu Wakf Board, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, forbearing the respondents from taking over of Mohideen Aandavar Dargah and Pallivasal, Minnah Noordeen Dargah and Pallivasal, South Gate, Madurai under direct Management of Tamil Nadu Wakf Board, pending disposal of the appeal in AA.No.4 of 2024 on the file of the Tamil Nadu Wakf Tribunal.

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For Petitioner : Ms.M.Sudha Rani For Respondents : Mr.D.S.Haroon Rasheed Standing Counsel

O R D E R

Heard Ms.M.Sudha Rani, learned counsel for the petitioner and Mr.D.S.Haroon Rasheed, learned Standing Counsel for the respondents.

2. This Writ Petition is filed praying for a Mandamus, forbearing the respondents from taking over of Mohideen Aandavar Dargah and Pallivasal, Minnah Noordeen Dargah and Pallivasal, South Gate, Madurai under direct Management of Tamil Nadu Wakf Board, pending disposal of the appeal in AA.No.4 of 2024 on the file of the Tamil Nadu Wakf Tribunal.

3. The petitioner has also taken CMP.No.17 of 2024 before the Wakf Tribunal in A.A.No.4 of 2024 seeking for stay of all proceedings of the first respondent herein dated 15.10.2024 under which the said Dargah and Pallivasal have been taken by the direct management by the Wakf Board. The said CMP filed by the petitioner came to be dismissed by the Wakf Board on 23.12.2024 against which the petitioner seems to 2/5

have preferred CRP.No.93 of 2025 and the same is also listed for hearing today ie., on 27.01.2025. However, the learned counsel for the petitioner would submit that in CRP(PD)No.5235 of 2024 dated 18.12.2024, this Court had directed the Tribunal to pass orders in CMP petition filed by the petitioner on or before 20.12.2024.

4. Since the Tribunal had complied with by the order of this Court dated 18.12.2024 and that orders have been passed in CMP.No.17 of 2024 on 23.12.2024 against which a revision petition is also pending, no adjudication is required to be made in this Writ Petition. Since the said Writ Petition had been filed by the petitioner even before the Tribunal has disposed of the CMP, in such view of the matter, the Writ Petition is dismissed. There shall be no order as to costs. It is for the petitioner to workout his rights in the pending Civil Revision Petition in C.R.P.93 of 2025.

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To:

1.The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01.

2.The Wakf Superintendent / Executive Officer, Madurai Wakf Board Office Circle, Tamil Nadu Wakf Board, Madurai.

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K.KUMARESH BABU , J.

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