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2020 Supreme(SC) 638

ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
State of Tamil Nadu – Appellant
Versus
K. Fazlur Rahman – Respondent


Advocates Appeared:
For the Petitioner(s):C.S. Vaidhyanathan, Jayant Muthuraj, M. Yogesh Kanna, Raja Rajeshwaran S., Advocates
For the Respondent(s):K.V. Bharathi Upadhyaya, G. Sivabalamurugan, Advocates

JUDGMENT :

ASHOK BHUSHAN, J.

1. Leave granted.

2. These appeals have been filed against the common judgment of the High Court of Judicature at Madras dated 17.08.2020 in Writ Petition Nos. 726 of 2020, 8377 of 2020 and 9557 of 2020. The Division Bench of the High Court by the impugned judgment has allowed Writ Petition Nos. 8377 and 9557 of 2020. The State of Tamil Nadu aggrieved by the impugned judgment has come up in these appeals.

3. The brief facts of the case to be noted for deciding these appeals are:

    The Tamil Nadu Waqf Board is a statutory body governed by the Waqf Act, 1995. The term of earlier Waqf Board expired on 14.06.2017 and thereafter the State of Tamil Nadu reconstituted Tamil Nadu Waqf Board by order dated 10.10.2017. The Board constituted on 10.10.2017 consisted of 11 Muslim members to the following effect:

    “Muslim Member of Parliament

    1. Thiru A. Anwhar Raajhaa, M.P.

    Muslim member of State Legislature

    1. Thiru K.A.M. Muhammed Abubacker, M.L.A.

    2. Thiru K.S. Masthan M.L.A.

    Senior Muslim Advocates

    1. Thiru A. Sirajudeen

    2. Thiru M. Ajmal Khan

    Mutawallis

    1. Dr. Haja K. Majeed

    2. Thiru Syed Ali Akbar

    Person with professional experience

    1. Thiru A. Tamilmahan Hussain

    Recognized schol


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