Madras High Court
B.Abdul Kather vs The State Of Tamilnadu on 6 January, 2025
W.P.(MD).No.27393 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD).No.27393 of 2024
B.Abdul Kather ...Petitioner
Vs
1.The State of Tamilnadu,
Represented by its Secretary,
(B.C, M.B.C. and Minorities Welfare),
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Chairman,
Tamil Nadu Waqf Board,
No. 1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
3.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No. 1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001.
4.The Superintendent of Waqf,
Trichy Zone,
No. 8/124, 2nd Floor, Quide Millath Road,
Palakkarai,
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W.P.(MD).No.27393 of 2024
Trichy – 8.
5.The Inspector of Waqf,
Trichy Zone,
No. 8/124, 2nd Floor, Quide Millath Road,
Palakkarai,
Trichy – 8.
6.The Managing Trustee,
Hazarath Nabi Sallallahu Alaihi Vasallam Fathiha Waqf,
Office at No. 7, Jalal Kudhiri Street,
Madurai Road, Trichy - 8.
7.The Male Line Trustee,
Hazarath Nabi Sallallahu Alaihi Vasallam Fathiha Waqf,
Office at No. 7, Jalal Kudhiri Street,
Madurai Road, Trichy - 8.
8.The Female Line Trustee,
Hazarath Nabi Sallallahu Alaihi Vasallam Fathiha Waqf,
Office at No. 7, Jalal Kudhiri Street,
Madurai Road, Trichy - 8. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying this Court to issue a Writ of Quo Warranto, directing the
respondents 6 to 8 above named, requiring him to show cause, by what
authority they claims to have, use, enjoy and perform the rights, duties,
privileges of the office of the Hazarath Nabi Sallallahu Alaihi Vasallam
Fathiha Waqf, Trichy and direct the said respondents 6 to 8 herein do not
intermeddle in any manner with the said office and the Honble Court
may pass further order and declare that the said office is vacant for the
interest of justice.
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W.P.(MD).No.27393 of 2024
For Petitioner : Mr.K.Suresh
For R-1 : Mr.P.Subbaraj
Special Government Pleader
For R-2 to R-5 : Mr.S.A.Ajmalkhan
Standing Counsel
For R-7 : Mr.Mahaboob Athiff
ORDER
Heard Mr.K.Suresh, learned counsel for the petitioner, Mr.Mr.P.Subbaraj, learned Special Government Pleader for the 1st respondent, Mr.S.A.Ajmalkhan, learned Standing Counsel, takes notice for the respondents 2 to 5 and Mr.Mahaboob Athiff, learned counsel takes notice for the 7th respondent.
2. This Writ Petition has been filed for issuance of Quo Warranto by calling upon the respondents as to under what authority they are holding the office of Hazarath Nabi Sallallahu Alaihi Vasallam Fathiha Waqf, Trichy.
3. The petitioner refers to an order of appointment dated 04.10.2021 under which the period of 3 trustees were extended. Under 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.27393 of 2024 the said order, 3 named individuals are referred to. In the present writ petition, the petitioner had not impleaded them as parties. Further, it has been brought to the notice of this Court that the petitioner had in fact challenged the modification of the scheme before the Principal Bench of this Court in W.P.No.5622 of 2023 which was allowed in favour of the petitioner on 11.04.2023. However, the same had been stayed by the Division Bench of this Court. The petitioner had not placed any such materials before this Court. Further, as pointed out earlier, the petitioner failed to implead the persons against whom the Quo Warranto is sought in their individual capacities.
4. For the aforesaid reasons, I do not find any necessity to entertain the present writ petition and accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.
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1.The Secretary, The State of Tamilnadu, (B.C, M.B.C. and Minorities Welfare), Secretariat, Fort St. George, Chennai 600 009.
2.The Chairman, Tamil Nadu Waqf Board, No. 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.The Chief Executive Officer, Tamil Nadu Waqf Board, No. 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
4.The Superintendent of Waqf, Trichy Zone, No. 8/124, 2nd Floor, Quide Millath Road, Palakkarai, Trichy 8
5.The Inspector of Waqf, Trichy Zone, No. 8/124, 2nd Floor, Quide Millath Road, Palakkarai, Trichy 8 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.27393 of 2024 K.KUMARESH BABU, J.
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