Petitioner challenged convening of a private wakf meeting via writ petition. Court held petition non-maintainable against private wakf members; grievance to be approached before Wakf Tribunal.
Writ petition dismissed as not maintainable. Connected miscellaneous petition closed.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Writ Petition (MD) No.22697 of 2016
and
W.M.P.(MD).No.16247 of 2016
M.A.MOHAMED ABDUL KADER ALIAS
A.ABDUL KADER
... Petitioner
Vs.
TAMIL NADU WAKF BOARD NO.1 JAFFAR SIRANG ROAD
VALLAL SEETHAKATHI NAGAR,
CHENNAI -1.
2 THE SUPERINTENDENT OF WAKF PALAYAMKOTTAI, TIRUNELVELI.
3 S.ABDUL KAPOOR
4 S.SUKARNO
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the 3rd and 4th respondents from convening the general body meeting of the Malick Dhinar Baithulmal on 25.11.2016.
For Petitioner : Mr.C.T.Perumal For Respondents : Mr.K.K.Senthil for RR-1 & 2
ORDER
This writ petition has been filed for a direction, directing the 3rd and 4th respondents from convening the general body meeting of the Malick Dhinar Baithulmal on 25.11.2016.
2.The grievance of the petitioner is that the even though the third respondent resigned the post of President of Malick https://hcservices.ecourts.gov.in/hcservices/ Dhinar Baithulmal (private wakf) long back, the respondents 3 and
4 are trying to convene a general body meeting on 25.11.2016.
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3.First of all, against the notice convening the meeting of a private wakf by the members of the wakf, the petitioner cannot maintain a writ petition.
4.Apart from that, the learned Standing Counsel appearing for the Wakf Board represented that the Wakf Board already issued a notice not to conduct any election. He also submitted that if the petitioner is having any grievance, he has to approach the Wakf Tribunal.
5.In view of the above submissions, this writ petition is not maintainable and the same is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar /True Copy/
Sub Assistant Registrar
To
1 THE CHIEF EXECUTIVE OFFICER TAMIL NADU WAKF BOARD NO.1 JAFFAR SIRANG ROAD VALLAL SEETHAKATHI NAGAR, CHENNAI -1.
2 THE SUPERINTENDENT OF WAKF PALAYAMKOTTAI, TIRUNELVELI.
+1 cc to MR.K.K.SENTHIL, Advocate SR.No.73179
+1 cc to MR.C.T.PERUMAL, Advocate SR.No.72780
W.P(MD)No.22697 of 2016 and W.M.P.(MD).No.16247 of 2016 25.11.2016
SMA/PM/29.12.2016:2P/5C
1 issue framed by the court
Whether a writ petition challenging the convening of a general body meeting of a private wakf is maintainable against the respondents.
M.A.MOHAMED ABDUL KADER ALIAS A.ABDUL KADER
THE CHIEF EXECUTIVE OFFICER TAMIL NADU WAKF BOARD NO.1
THE SUPERINTENDENT OF WAKF PALAYAMKOTTAI
S.ABDUL KAPOOR
S.SUKARNO
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
