Dismissed

K. Fazlur Rahman v. Secretary to Government

Madras HC19 Sept 2019WP/27867/2019

Case brief

AI extract

What is this about?

The High Court at Madras dismissed a writ petition challenging a show cause notice as withdrawn. The petitioner sought to challenge the supersession of the Tamil Nadu Wakf Board, though the primary writ regarding the notice was closed upon withdrawal with liberty to challenge the supersession order separately.

What did the court decide?

Writ petition dismissed as withdrawn; petitioner granted liberty to challenge the Government Order superseding the Wakf Board.

K. Fazlur Rahman Vs Secretary to Government — Pension and Retirement Benefits | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 19.09.2019

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND

¶5

THE HONOURABLE MR. JUSTICE N.SESHASAYEE

¶6

WP.No.27867/2019

¶7

& WMP.Nos.27435 & 27437/2019

¶8

K.Fazlur Rahman .. Petitioner Versus 1.The Secretary to Government Backward Class, Most Backward Class and Minority Welfare [T1] Department Secretariat, Chennai 600 009.

¶9

2.The Chief Executive Officer
Tamil Nadu Wakf Board
No.1, Jaffer Syrang Street
Vallal Seethakathi Nagar
Chennai 600 001. .. Respondents

¶10

Prayer:Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records pertaining to Letter No.4451/T1/2019-02 dated 06.09.2019 on the file of the 1^st respondent, quash the same and consequently direct the respondents commanding them to take appropriate actions to ensure proper functioning of Tamil Nadu Waqf Board as per Waqt Act, 1995 [Amended Act 27 of 2013] for better administration of auqaf and for matters connected thereiwht or incidental thereto.

¶11

For Petitioner : Mr.Abrar Md. Abdullah for A.Anbukkarasi For R1 : Mr.A.N.Thambidurai, Spl.GP For R2 : Mr.V.Lakshmi Narayanan

¶12

ORDER

¶13

[Order of the Court was made by M.SATHYANARAYANAN, J.,]

¶14

(1)The petitioner claims to be a Public Interest Litigant and he challenges the impugned show cause notice dated 06.09.2019 issued by the 1^st respondent.

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

(2)When the matter is listed today for hearing, Mr.A.N.Thambidurai, learned Special Government Pleader who appears on behalf of the 1^st respondent and Mr.V.Lakshmi Narayanan, learned Standing counsel, who appears on behalf of the 2^nd respondent, had brought to the knowledge of this Court that the 1^st respondent, vide G.O.Ms.No.58, Backward Class, Most Backward Class and Minority Welfare [T1] Department dated 18.09.2019, has superseded the Wakf Board and appointed Mr.M.A.Siddique, IAS., Principal Secretary to Government [Expenditure], Finance Department, as the Special Officer, to exercise and perform all the powers and duties under the provisions of the Wakt Act, 1955 on behalf of the Tamil Nadu Wakf Board during the period of Supersession and therefore, made a submission that in the light of the said development, nothing remains for further adjudication in this writ petition.

¶17

(3)Mr.Abrar Md. Abdullah, learned counsel appearing for the petitioner, in response to the said submission, seeks the leave of this Court to withdraw this writ petition with liberty to challenge the said Government Order in G.O.Ms.No.58, of the 1^st respondent dated 18.09.2019 and on instructions, also made an endorsement in the petition and it is opposed by the learned Standing Counsel appearing for the 2^nd respondent / Wakf Board by submitting that admittedly, the Public Interest Litigant is not a member of the Wakf Board and as such, he cannot be the person aggrieved to challenge the said Government Order.

¶18

(4)In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn and if the petitioner is so advised and if it is open to him under law, he is always at liberty to challenge the said Government Order in accordance with law before the competent Forum. No costs. Consequently, connected miscellaneous petitions are also closed.

¶19

Sd/Assistant Registrar (CS-VIII) //True Copy//

¶20

Sub Assistant Registrar

¶21

¶22

¶23

1.The Secretary to Government Backward Class, Most Backward Class and Minority Welfare [T1] Department Secretariat, Chennai 600 009.

¶24

https://hcservices.ecourts.gov.in/hcservices/

¶25

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600 001.

¶26

+1cc to the Government Pleader, S.R.No. 81193

¶27

WP.No.27867/2019

¶28

VBA(CO) GN(01/11/2019)

¶29

https://hcservices.ecourts.gov.in/hcservices/

K. Fazlur Rahman v. Secretary to Government

Case brief

What is this about?

What did the court decide?

K. Fazlur Rahman v. Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

G.Kaliyamoorthy Vs The Director Agriculture

Nithya Vs The State of TamilNadu

Chinta Venkateswarlu Vs The Regional Administrative Officer

S.Muralidharan Vs Pricipal Chief Conservator

P.Srinivasan Vs B.Selvi

A.Syed Kaleesha Vs The Secretary