This court dismissed a writ petition challenging an order appointing individuals as Naib Kazis. The petitioner argued lack of jurisdiction and violation of natural justice. The court held that Section 3 of the Kazis Act, 1880 does not mandate notice and the petition failed to establish merit.
The writ petition was dismissed as it had no merit.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.19072 of 2018 and W.M.P.Nos.22450 & 22517 of 2018
S.Mohammed Ghouse
.. Petitioner
Vs.
1.The Government of Puducherry,
rep by Under Secretary to Government (Wakf), Department of Hindu Religious Institutions and Wakf, Government of Puducherry, Puducherry.
2.Haji M.M.E.Abdul Jabbar Maricar 3.Haji K.M.Hamja Mohideen Malimar 4.Janab A.Mohamed Sultan 5.Haji M.A.S.B.Mohamed Jahabar Sadiq Maricar
.. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of certiorari calling for the records of the 1st respondent ending with No.15/PSWB/KKLNKAZI/2017 dated 07.03.2018 and quash the same.
For Petitioner : Mr.N.A.Nissar Ahmed
For Respondents: Mr.J.Kumaran,
Government Advocate (Pondy) (R1)
O R D E R
This Writ Petition has been directed against the impugned order dated 07.03.2018 passed by the 1st respondent appointing the respondents 2 to 5 as Naib Kazis.
2.The learned counsel for the petitioner assailing the impugned order pleaded that the impugned proceedings issued by the 1st respondent is without jurisdiction and therefore, it should be set aside as nullity. More over, it is against the principles of natural justice and passed without any notice or enquiry. The reason is that the respondents 2 to 5 cannot function as Naib Kazis and if they are permitted to solemnize the marriages, it would be contrary to the Kazis Act, 1880, therefore, the impugned order has to be set aside.
3.But this Court hardly finds any merit to entertain the Writ Petition for further enquiry for the reason that the
contention of the learned counsel for the petitioner that the 1st respondent should issue notice after following the principles of natural justice cannot hold good. No notice is called for under Section 3 of the Kazis Act, 1880. Moreover, the petitioner is only a Muslim resident of Karaikal and appointing a Naib Kazi is not going to affect the petitioner or others and the respondents 2 to 5 are going to assist the main Kazi. Section 3 of the Kazis Act, 1880, is extracted hereunder,
“3.Naib Kazis – Any Kazi appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed. When any Kazi is suspended or removed under Section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be.” 4.This Court finds no merit in the Writ Petition and the same fails. In the result, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar va To 1.The Under Secretary to Government (Wakf), Department of Hindu Religious Institutions and Wakf, Government of Puducherry, Puducherry. +1cc to Mr.N.A.Nissar Ahmed, Advocate sr.no.50501 +1cc to Government Pleader -cum-Public Prosecutor, sr.no.51159
W.P.No.19072 of 2018 and W.M.P.Nos.22450 & 22517 of 2018
nr 06/08/2018
1 issue framed by the court
Whether notice is required under Section 3 of the Kazis Act, 1880 before appointing Naib Kazis.
2 provisions across 2 enactments
S. Mohammed Ghouse
The Government of Puducherry
Haji M.M.E.Abdul Jabbar Maricar
Haji K.M.Hamja Mohideen Malimar
Janab A Mohamed Sultan
Haji M.A.S.B.Mohamed Jahabar Sadiq Maricar
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
