Petition filed under Article 226 for mandamus directing the Waqf Board to consider a representation was dismissed. The respondent submitted that the appointment of a Muthawalli was already challenged and stayed by a Division Bench, rendering the present petition moot.
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.12330 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.12330 of 2024
Syed Ismail
... Petitioner
/vs./
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 03.12.2022 within a period of stipulated time.
For Petitioner : No appearance For R1 : Mr.K.Jeyamohan
1/4
W.P.(MD) No.12330 of 2024
ORDER
Heard Mr.K.Jeyamohan, learned counsel for the first respondent.
2.No representation on behalf of the petitioner.
3.The petitioner has filed this writ petition for a Writ of Mandamus to direct
the first respondent to consider the petitioner's representation dated 03.12.2022.
4.The learned counsel for the first respondent would submit that the writ petition is liable to be dismissed, as pursuant to the notice dated 25.01.2023, a hereditary Muthawalli was appointed on 03.03.2023.
5.It is submitted that the aforesaid appointment was challenged before this Court in W.P.(MD) No.7014 of 2023 by a third party. It is further submitted that the aforesaid writ petition was dismissed on 17.11.2023.
6.Aggrieved by the same, Thaika Palli Jamath, rep. by its President, Kottar and others have approached the Division Bench in W.A.(MD) No.199 of 2024
2/4
W.P.(MD) No.12330 of 2024
and has secured an interim order on 15.02.2024 staying the operation of an order dated 03.03.2023 appointing the hereditary Muthawalli.
7.It is submitted that since the matter is subjudice, question of Wakf Board to proceed further with the enquiry cannot be countenanced.
8.Recording the above submission, the Writ Petition stands dismissed. No
costs.
Index : Yes / No 13.06.2024 Internet : Yes / No mm
3/4
W.P.(MD) No.12330 of 2024
C.SARAVANAN, J.
mm
W.P.(MD) No.12330 of 2024
13.06.2024
4/4
1 issue framed by the court
Whether the Writ Petition for mandamus to direct consideration of representation should be dismissed as the subject matter is subjudice in other proceedings?
1 provisions across 1 enactments
Syed Ismail
The Tamil Nadu Waqf Board
Hazarathi Fazil Shah Oulia Taika Waqf
Azeem
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
