The Madurai Bench dismissed the writ petition challenging the scheme framed by the Tamil Nadu Wakf Board. The court held that the challenge regarding the Board's competency falls within the domain of the Wakf Tribunal, which is already seized of the matter, making the writ remedy inappropriate as an alternative exists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2013
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
W.P.(MD)No.2468 of 2013
and M.P.Nos.2 and 3 of 2013
1.M.Mahaboob Ali
2.K.Farook : Petitioners
Vs.
1.The Tamil Nadu Wakf Board,
Rep by its Chairman,
No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar,
Chennai 600 001.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.Janab M.Syed Sathakathullah : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari to call for the records relating to the impugned order bearing Inam.No.63/08 Na.Ka.No.9789/05/Aa1/Ti.Veli, dated 24.06.2008 issued by the first respondent and the consequential order bearing Inam.No.63/08 Na.Ka.No.9789/05/Aa1/Ti.veli. Dated 28.02.2011 issued by the first respondent and published in Tamil Nadu Government Gazette No.12, dated 30.03.2011 and quash the same.
For Petitioners : Mr.G.R.Swaminathan
For Respondents 1&2 : Mr.K.K.Senthil
For Respondent 3 : Mr.P.T.S.Narendravasan
2
O R D E R
The challenge in this Writ Petition is to the order dated 24.06.2008, on the file of the Chairman, Tamil Nadu Wakf Board, whereby and whereunder, the Board decided to frame a scheme in respect of two wakfs, viz., Khader Avulia Pallivasal and Khader Meera Fakruddin Darga Wakf and the consequential order dated 28.02.2011 framing a scheme.
Sd/-
Deputy Registrar(LA)
/True Copy/
Assistant Registrar
To
1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001 +One cc to Mr.P.T.S.Narendravasan, Advocate, SR.No.22816
+2 CCs to Mr.G.R.Swaminathan, Advocate, SR.Nos.23034&23478 +One cc to Mr.K.K.Senthil, Advocate,SR.No.23172 NB
RL/7c - 10/5/2013
ORDER MADE IN W.P.(MD)No.2468 of 2013 22.04.2013
2 issues framed by the court
Whether the writ court can entertain the challenge to the scheme framed by the Wakf Board in view of the existence of an alternative remedy before the Wakf Tribunal.
Whether the petitioners should file an appeal before the Wakf Tribunal or implead in the pending proceedings.
M.Mahaboob Ali
K.Farook
The Tamil Nadu Wakf Board
Janab M.Syed Sathakathullah
K.K.Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
