Petitioner alleged ex-communication by Kamuthi Muslim Pallivasal Trust after his wife sold property to a non-muslim; the Trust denied this, citing pending misappropriation complaint. The Court disposed of the petition directing the Wakf Board CEO to verify the averments and resolve the issue amicably among Jamath members.
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W.P(MD)No.14068 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.14068 of 2023
Kadar Musafar
... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to initiate statutory action against the 3rd respondent and the Jamathdars of Kamuthi Muslim Pallivasal for ex-communicating the petitioner and his family members and
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W.P(MD)No.14068 of 2023
consequently direct the respondents 1 and 2 herein to see that the 3rd respondent and its jamathdars to permit the petitioner and his family members to participate in all the functions, ceremonies, rituals, worship in 3rd respondent on par with other jamathdars of 3rd respondent by submitting a report to that effect before this Court.
For Petitioner : Mr.S.Srinivasa Raghavan For R1 : Mr.S.A.Ajmal Khan Standing Counsel For R2 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R3 : Mr.M.V.Mohamed Aslam For M/s. Ajmal Associates O R D E R
The petitioner a member of Kamuthi Muslim Pallivasal
Trust Board has filed this writ petition for a Mandamus, directing the respondents 1 & 2 to initiate action as against the third respondent that the third respondent has ex-communicated the petitioner and his family members for having sold a property to a non-muslim.
2.The learned counsel for the petitioner submits that this
petitioner's wife has sold the property to a non-muslim and therefore, the Pallivasal has ex-communicated the petitioner and his
family members.
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W.P(MD)No.14068 of 2023
3.The learned counsel for the third respondent submits that this petitioner, who was in the administration of Musafar Aulia Dargah has indulged in misappropriation of funds, for which, the third respondent has preferred a complaint before the first respondent on 06.06.2022 and the same is pending. Since the third respondent has initiated action as against the petitioner, the petitioner has filed this writ petition with false averments without any basis. The learned counsel has pointed out that this averment has been made as if the petitioner and his family members have been excommunicated for having sold a property to a non-muslim without any reference such as to whom the property was sold and document No.etc., He further submits that this petitioner and his family members are residing at Chennai. The third respondent is not preventing this petitioner and his family members from participating in the prayers.
4.This Court considered the rival submissions made and also perused the materials placed on record.
W.P(MD)No.14068 of 2023
5.The petitioner has approached this Court that the petitioner and his family members have been ex-communicated. Though the petitioner has not furnished any details with regard to the allegation of ex-communication, if it is so, it has to be dealt with seriously.
6.In view of the above, this writ petition is disposed of with a direction to the first respondent to verify with the averment made in this writ petition and solve the issue amicably among the members of the Jamath. No costs.
03.01.2024
NCC: Yes/No Index:Yes/No Internet:Yes vrn
W.P(MD)No.14068 of 2023
To
W.P(MD)No.14068 of 2023
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.14068 of 2023
03.01.2024
1 issue framed by the court
Whether the petitioner and his family were ex-communicated by the Pallivasal for selling property to a non-muslim, and what action the authorities should take.
1 provisions across 1 enactments
Kadar Musafar
The Chief Executive Officer, Tamilnadu Wakf Board
The District Collector, Ramanathapuram District
The President, Kamuthi Muslim Pallivasal Trust Board
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
