This order dismisses a civil revision petition filed under Article 226 against a Wakf Board appointment order. The court notes the petitioner's tenure expired in 2012 and he showed no interest in prosecuting the pending case for six years.
Civil Revision Petition dismissed for non-prosecution. Connected Miscellaneous Petition closed.
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.
C.R.P(NPD)No.1696 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2021
CORAM
The Hon'ble Mr.Justice Krishnan Ramasamy
C.R.P (NPD)No.1696 of 2015
and
M.P.No.1 of 2015
A.R.Abdul Thurab .. Revision Petitioner
vs.
1.Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallal Seethakadhi Nagar,
Chennai 600 001.
Jb.Abdul Rasheed (Deceased)
2.Jb.M.Hussainy Basha
3.Jb.R.Abdul Mubeen
Jb.Abdul Karim (Deceased)
4. Jb.Abdul Nawab
Jb.Abdul Maqbool (Deceased)
5. Jba.Hussainabee
6. Jba.Mumtaj Bee
Jba.Shajadi Bee (Deceased)
7. M.Basheer ..Respondents
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C.R.P(NPD)No.1696 of 2015
PRAYER:
Civil Revision Petition filed under Article 227 of Constitution of India as against the fair and decreetal order as made in O.A.No.9 of 2009 dated 06.04.2015 on the file of the Wakf Tribunal/I Assistant Judge, City Civil Court, Chennai confirming the order made in W.E.A.No.12/2006/E5, Chennai in item No.79 of 2007 dated 27.11.2007 pronounced on 26.02.2009 on the file of the first respondent/Wakf Board.
For Revision Petitioner - M/S.R.Karthikeyan, No appearance
For Respondents
R1 - Mr.Mohammed Fayaz Ali
R2 - No appearance
R3 - Mr.R.Abdul Mubeen in person
R4 - Died (Steps Due)
R5 - Mr.N.A.Nissar Ahmed
R6 & R7 - Refused
O R D E R
This Civil Revision Petition is filed against the order made in
O.A.No.9 of 2009, dated 06.04.2015 on the file of the Wakf Tribunal/I
Assistant Judge, City Civil Court, Chennai.
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C.R.P(NPD)No.1696 of 2015
2. When the matter is taken up for hearing today, none appeared on behalf of the revision petitioner. However, Mr.N.A.Nizzar Ahmed, the learned counsel appearing for fifth respondent submits that, Tamil Nadu Wakf Board/first respondent, vide Order passed in W.E.A.No.12 of 2006, dated 26.02.2009, appointed the revision petitioner as Muthavalli along with five other committee members as Joint Muthavallis. Challenging the order of the first respondent/Wakf Board, the revision petitioner filed an Original Appeal before the Wakf Tribunal.
since the period of Muthavalliship of the revision petitioner was only for three years, i.e. w.e.f. 26.02.2009 to 25.02.2012, and the said three years tenure period was already over, there is no merit in the Appeal and
dismissed the same. Challenging the said order, the present Revision Petition is filed.
4. Since the appointment of the revision petitioner as Muthavalli
and five other Committee members as Joint Muthavaliis made by the first
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C.R.P(NPD)No.1696 of 2015
respondent/Wakf Board was expired as early as on 2012 itself, probably,
that might be the reason, why, the revision petitioner failed to appear before this Court and also not taken steps to contest the matter.
C.R.P(NPD)No.1696 of 2015
To
The Wakf Tribunal/I Assistant Judge, City Civil Court, Chennai.
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C.R.P(NPD)No.1696 of 2015
Krishnan Ramasamy, J., sd
C.R.P (NPD)No.1696 of 2015
23.09.2021
6/6
1 issue framed by the court
Whether the Civil Revision Petition can be dismissed when the petitioner has failed to appear despite the underlying appointment having expired.
A.R. Abdul Thurab
Tamil Nadu Wakf Board
Jb.M.Hussainy Basha
Jb.R.Abdul Mubeen
M.Basheer
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
