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2022 Supreme(Online)(MAD) 40573
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 6/12/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Writ Petition No.9813 of 2017 a n d W.M.P.No.10806 of 2017 M.A.Azeez Khaleeli ... Petitioner Vs
1. The Tamil Nadu Waqf Board rep. By its Chairman 1 Jaffer Syrang Street Behind Custom House, Vallal Seethakaathi Nagar Chennai 600 001.
2. The Chief Executive Officer The Tamil Nadu Waqf Board
1 Jaffer Syrang Street Behind Custom House, Vallal Seethakaathi Nagar Chennai 600 001.
3. Mirza Atul Kirmani Namazi
4. Rehana Yavar Dhala ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the second respondent in Proceedings No.6345/15/C2/Chennai dated 2/12/2016 in so far as it relates to the order suspending the writ petitioner from the office of Muthavalli, order directing the third and fourth respondents to take charge of administration and management of the endowment and the order directing the third and fourth respondents to sign a lease deed with the encroachers.
For Petitioner ... Ms.Veena Suresh For respondents ... Mr.V.Lakshminarayan for R.R.1 and 2.
No appearance for R.3 Mr.C.Seethapathy for R.4 - - - - -
O R D E R
This writ petition has been filed to quash the order dated 2/12/2016 passed by the second respondent in Proceedings No.6345/15/C2/Chennai, 2. Today, when the matter is taken up for hearing, learned counsel appearing for the respondents produced a copy of R.C.No.14859/15/B9/Chennai, dated 5/3/2019, wherein it is stated that the son of the third respondent has been appointed as Muthawalli and the entire administration is handed over to the fourth respondent. Relevant portion of the Resolution reads as follows:-
“Though Janaba.Rehana Yavar Dhala, Muthawalli of the waqf denies the said allegation orally, there are consistent complaints as against her and she has not been performing any of the ceremony of the said waqf. We are not at present go into any of the allegations made against her. However, the statement of account submitted by her to the Board for 2017 – 2018 shows that Religious expenses shown by her as nil and as such it indicates the religious ceremonies have not been performed. In these circumstances, though the office of Muthawallis are appointed by the existing Mthawalli as per title deed, the Board in exercise of power of superintendence under Section 32 read with Section 64 of the Waqf Act, 1995 can issue orders appointing Muthawalli or Joint Muthawalli for the effective and efficient administration of the wakf to give effect to the object of the waqf.
In view of the said factual and legal position, in the larger interest of the wakf, the Board deem it fit to appoint Janab.Adnan Kirman as one of the three Muthawallis of the waqf by cooption. All the three Muthawallis shall give effect to the object of waqf in letter and spirit.”
N. SATHISH KUMAR, J mvs.
3. In view of the above, nothing survives for further adjudication in this matter. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.
6/12/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
W.P.No.9813 of 2017
