Dismissed

A.H.Ibrahim (Died) v. the Government of Tamilnadu

Madras HC10 Nov 2023WP(MD)/12253/2016

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition under Article 226 seeking quo warranto against the fourth respondent's appointment as Kazi. The court held that the cause of action did not survive as the fourth respondent was no longer the Kazi at the time of the order.

What did the court decide?

Writ Petition dismissed as the cause of action does not survive since the fourth respondent is no longer the Kazi.

A.H.Ibrahim (Died) Vs the Government of… — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.(MD)No.12253 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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W.P.(MD)No.12253 of 2016 and W.M.P.(MD) No.9340 of 2016

A.H.Ibrahim (Died)

M.Musthafa Ali

... Petitioner

(Petitioner substituted vide order of this Court dated 10.11.2023 made in W.M.P. (MD) No.12253 of 2023 in W.P.(MD) No.12253 of 2016 by VLNJ)

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Vs.

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1.The Government of Tamilnadu, Rep. by its Principal Secretary, Backward Classes/most Backward Classes and Minorities Welfare Department,

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Fort St. George, Chennai.

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2.The District Collector, Madurai District, Madurai.

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3.The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, Vallal Seethakathi Nagar, Chennai.

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12253 of 2016

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4.A.Syed Khaja Mueenudeen ...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Quo Warranto, directing the 4^th respondent to show cause as to how the petitioner hold the post of Kazi for Madurai Town and District.

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For Petitioner : Mr.G.Prabhu Rajadurai

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For Respondents : Mr.T.Amjadkhan Government Advocate for R1 and R2

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Mr.S.A.Ajmalkhan Standing Counsel for R3

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Mr.S.Anwar Sameem for R4

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O R D E R

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The writ petitioner seeks for a quo warranto, challenging the appointment of the fourth respondent as a Kazi for the local area of Madurai.

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This Writ Petition was admitted in the year 2016 and had been

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pending and in the meantime, events overtook the cause. The fourth respondent is no more the Kazi. This is clear from the Gazette produced by the learned Standing Counsel for the third respondent. As per the Gazette, the Government has appointed one M.Saboor Mohideen S/o. Mohamed Shereef, residing at Plot No.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12253 of 2016

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252/1, TNHB Colony, Mela Anuppanadi, Madurai, as the Kazi for Madurai District for the period of three years from 21.08.2023.

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Since the fourth respondent is no more Kazi for Madurai District, the

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cause of action for the Writ Petition does not survive. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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10.11.2023

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NCC : Yes / No Index : Yes / No

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1.The Principal Secretary, Backward Classes/most Backward Classes and Minorities Welfare Department, Government of Tamilnadu, Fort St. George, Chennai.

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2.The District Collector, Madurai District, Madurai.

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12253 of 2016

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V.LAKSHMINARAYANAN, J.

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W.P.(MD)No.12253 of 2016

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10.11.2023

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4/4

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https://www.mhc.tn.gov.in/judis

A.H.Ibrahim (Died) v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

A.H.Ibrahim (Died) v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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