The High Court of Madras in W.P. No. 11169 of 2010 dismissed a petition challenging a notice issued by the Tamil Nadu Wakf Board to conduct an enquiry for appointing a hereditary Muthavalli. The Court held that the enquiry is lawful pursuant to a prior Court order and decided objections are examinable by the Board.
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 : 17.10.2019
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN
W.P.No.11169 of 2010
The Management Committee,
rep. by its President,
Mr. A.Jainulabdin,
Amanusha Fakkir Dargah,
Srivilliputtur,
Virudhunagar District. ... Petitioner
/vs/
1. The Tamil Nadu Wakf Board,
rep. by its Chief Executive Officer,
No.1, Jaffar Serang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
2. Syed
3. Syed Pakkir
4. Syed Ibrahim
5. Syed Shahid
6. Deewan Basha
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent comprised in Na.Ka.13166/Aa17/02/Virdhu dated 19.04.2010 arising from the application dated 28.11.2007 to quash the same and consequently direct the first respondent to enforce the order of this Court dated 16.08.1996 made in W.P.11043 of 1996 and order dated 28.06.2007 in C.R.P.862 of 2007 in the matter of hereditaryship succession for the post of Muthavalliship of Amanusha Fakkir Dargah, Srivilliputtur in due compliance with the order of this Court dated 28.01.2010 under in W.P.No.445 https://hcservices.ecourts.gov.in/hcservices/ of 2010.
For Petitioner : Mr. M.N.S. Mohameed Habeeb Raja
For Respondents : Mr. Hasan Fizal, for R1
: Mr. Nissar Ahmed, for R2 to R6.
: Mr. G.R.M.Palaniappan for R7 to R9
O R D E R
This writ petition has been filed challenging the notice issued by the first respondent Wakf Board directing the petitioner to appear for enquiry for appointment of Muthavalli in respect of one Amanusha Fakkir Dargah at Srivilliputtur.
application filed by the respondents 2 to 9 as the issue relating to appoint them as muthavalli by hereditary succession has already been decided and finalized, and the respondents have no power to conduct any enquiry regarding the same. The learned counsel would further contend that the judicial orders passed by the competent Court will bind upon the Wakf Board. Without considering all those judgments, the second respondent has mechanically issued the impugned notice.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mrp To
The Tamil Nadu Wakf Board, rep. by its Chief Executive Officer, No.1, Jaffar Serang Street, Vallal Seethakathi Nagar,
Chennai 600 001.
+1cc to Mr.L.S.M.Hasan Fizal, Advocate Sr.87416
+1cc to Mr.N.A.Nissar Ahmed, Advocate Sr.87130
+2cc to Mr.M.N.S.Mohamed Habeeb Raja, Advocate Sr.86989
W.P.No.11169 of 2010
sr[co]
https://hcservices.ecourts.gov.in/hcservices/ srg 15/11/2019
1 issue framed by the court
Whether a notice issued by the Wakf Board to conduct an enquiry regarding the appointment of a Muthavalli can be challenged by the incumbent Management Committee on the ground that hereditary successi
Management Committee, Amanusha Fakkir Dargah, rep. by Mr. A. Jainulabdin
Tamil Nadu Wakf Board, rep. by its Chief Executive Officer
Syed
Syed Pakkir
Syed Ibrahim
Syed Shahid
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
