Managing Commitee Dargh Khittey Vs Mr. Habeeb Mujtaba and Anothers

THE HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN

WRIT APPEAL No.270 of 2017

JUDGMENT: (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan)

We have heard the learned counsel for the appellant and the learned counsel appearing for the first respondent/writ petitioner.

This appeal is against an interlocutory order issued in a Writ Petition, the order which bespeaks its reasons. It refers to various proceedings, notices, contentions of the writ petitioner, quotes an earlier judicial order inter partes and refers as well to the earlier Civil Revision Petitions under the Wakf Act and the Writ Petition, which arose later. The impugned interlocutory order rendered by the learned single Judge in the Writ Petition cannot be criticized as vitiated by non-application of mind on the relevant facts.

In view of the aforesaid position, notwithstanding the interlocutory order on challenge which was issued on 20.01.2017, it appears that the proceedings, dated 23.12.2016, which is impugned in the Writ Petition, would run its course by the end of this year. We do not think that it would be appropriate for us to disturb the present situation through this intra court appeal. We would, therefore, leave it open to the parties to move the learned single Judge for an expeditious hearing of the Writ Petition.

2

The Writ Appeal is, accordingly, dismissed.

The miscellaneous petitions pending in this Writ Appeal, if

any, shall stand closed. There shall be no order as to costs.

_______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ

_______________________________________
V.RAMASUBRAMANIAN, J
06.08.2018
vs

Managing Commitee Dargh Khittey v. Mr. Habeeb Mujtaba and Anothers