The petitioner died on 13.02.2020 before the Court could adjudicate. Cowided by the petitioner’s demise, the Court disposed of the writ petition as closed without expressing any view or opinion on the merits, leaving all questions open. No costs were awarded.
Writ petition and miscellaneous petitions disposed of as closed; no order as to costs.
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.
W.P.[MD]No.5490 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.5490 of 2015
and MP(MD)NO. 1 & 2 of 2015
M.Anwar ... Petitioner
Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tirunelveli.
3.The Tahsildar, Tirunelveli Taluk,Tirunelveli. 4.The Inspector of Police, Thachanallur Police Station,Tirunelveli. 5.The Chairman, Wakf Board, No.1, Seethakathi Street, Alwarpet, Chennai. 6.The Inspector, Wakf Board, Tirunelveli. 7.Kareemsha Taika, Rep. by its Muttawali, Mohammed Sheriff, Tirunelveli. ... Respondents P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from interfering in civil dispute which is relating to the land in Survey No.545 to 552, T.S.No.2,3,4,5,6,9,10,11 to an extent of 25 acres situated at Kandiaperi-II Village, Tirunelveli belongs to the Farusullasha Pakeer Taika Wakf. For Petitioner : T.Selvan For Respondents 1 to 4 : Mr.M.Lingadurai Special Government Pleader For Respondents 5 & 6 : Mr.G.Chandrasekaran For Respondent No.7 : Ms.Sivatharsana for Mr.M.P.Senthil https://hcservices.ecourts.gov.in/hcservices/
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W.P.[MD]No.5490 of 2015
O R D E R
***************
Mr.T.Selvan, learned Counsel for the writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader for respondents 1 to 3 who also represents the Additional Public Prosecutor for respondent No.4, Mr.G.Chandrasekaran, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of respondents 5 & 6 and Ms.Sivatharsana, representing Mr.M.P.Senthil, learned Counsel on record for the seventh respondent (private respondent) are before this Court.
2. Learned Counsel for writ petitioner very fairly points out that the writ petitioner is no more and the date of demise is 13.02.2020.
3. I am inclined to dispose of the writ petition as closed, owing to the demise of the writ petitioner. However, a perusal of the case file reveals that the matter pertains to a tussle regarding what is said to be immovable property of a public Wakf. Therefore, if any other entity or individual approaches the proper forum / fora with regard to the same matter, this order will neither impede nor serve as an impetus qua such proceedings. The reason is the captioned writ petition is being closed without expressing any view or opinion on the merits of the matter, leaving open all questions in the captioned writ petition.
4. In the light of the narrative thus far, captioned writ petition is disposed of as closed. Consequently, captioned miscellaneous petitions are closed. There will be no order as to costs.
// True Copy //
MR
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P.[MD]No.5490 of 2015
To
1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli. 3.The Tahsildar, Tirunelveli Taluk, Tirunelveli. 4.The Inspector of Police, Thachanallur Police Station, Tirunelveli.
+1 CC to M/s.M.P. SENTHIL, Advocate ( SR-35098[F] dated 19/11/2021 ) +1 CC to M/s.G. CHANDRASEKAR, Advocate ( SR-35291[F] dated 22/11/2021 ) +1 CC to M/s.SPL GP ( SR-35204[F] dated 19/11/2021 ) W.P.[MD]No.5490 of 2015 and MP(MD) 1 & 2 of 2015 18.11.2021
MGJ(08.12.2021) 3P 8C
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1 issue framed by the court
Whether the writ petition be disposed of as closed due to the demise of the petitioner.
1 provisions across 1 enactments
M. Anwar
District Collector, Tirunelveli District
Revenue Divisional Officer, Tirunelveli
Tahsildar, Tirunelveli Taluk
Inspector of Police, Thachanallur
Wakf Board, Chennai
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
