High Court permitted withdrawal of a writ petition challenging a lease tender notification issued by the Tamil Nadu Wakf Board regarding a Dharga property at Mylapore, dismissing the petition as withdrawn.
Permission to withdraw the writ petition with liberty to file a fresh one.
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
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.7028 of 2019 and WMP No.7743 of 2019 I.S.Imtiyaz Shariff Zonal Secretary, Tamil Nadu Dargha's Coordinate Peravai, Chennai Zone ... Petitioner vs. 1. The Principal Secretary, Department of Backward Classes and Minority Welfare, Fort St. George, Chennai.
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, forbearing the respondents from proceeding with the tender notification dated 06.02.2019 issued by the http://www.judis.nic.in third respondent under proceeding R.C.No.4592/07/B9 Chennai for leasing
2
out the Bachawali Mossque Waqf situated at 13/6, Papanasam Sivan Salai, Mylapore, comprised in Survey No.2390 with an extent of 13,500 sq.ft based on the representation dated 16.02.2019 given by the petitioner.
ORDER (Order of the Court was made by S.MANIKUMAR , J) Contending inter alia that the property situated at No. 13/6, Papanasam Sivan Salai, Mylapore, comprised in Survey No.2390 with an extent of 13,500 sq.ft, is a Dharga and that the same should not be used for any commercial purpose, petitioner seemed to have made a representation dated 16.02.2019 to the Principal Secretary, Department of Backward Classes and Minority Welfare, Chennai, Tamil Nadu Wakf Board, represented
by its Chairman, Chennai and the Chief Executive Officer, Tamil Nadu Wakf Board, Chennai.
06.02.2019 issued by the Tamil Nadu Wakf Board fixing opening of the tender on 11.02.2019 is illegal and contrary to the intention of the wakf.
http://www.judis.nic.in been taken on the tender notification and thus, sought for writ of
3
mandamus. Petitioner has not ascertained from the Tamil Nadu Wakf
Board and furnished any materials, for the above said statement. In the event of tender being finalized, certainly, the highest bidder would be affected, if any, mandamus is issued, at this stage.
petitioner, he seeks permission to withdraw the instant writ petition and
seeks liberty to file a fresh writ petition containing all the averments as
pointed out. He has also made an endorsement to that effect.
prayed for, is granted. Writ petition is dismissed as withdrawn. No Costs.
Consequently, the connected writ miscellaneous petition is closed.
(S.M.K., J.) (S.P., J.) 12.03.2019
Index: Yes/No. Internet: Yes Speaking/Non speaking
ars
4
S.MANIKUMAR,J. AND SUBRAMONIUM PRASAD, J.
ars
To
12.03.2019
1 provisions across 1 enactments
I.S.Imtiyaz Shariff
The Principal Secretary, Department of Backward Classes and Minority Welfare
Tamilnadu Wakf Board
S.MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
