Allahayar v. The Chairman

ORDER This Writ Petition is filed for the issue of a Writ of Mandamus, directing respondents 1 and 2 to take necessary action as against respondents 6 to 8 for the act of excommunication done by them as against the petitioner by considering his representation dated 03.05.2023.

¶2When the matter was taken up for admission in the forenoon session, this Court directed the fifth respondent to submit a report as to whether there is such an excommunication as stated by the petitioner. Hence, the matter was passed over. When the matter was taken up in the afternoon, a status report was filed which shows that the fifth respondent had enquired both the petitioner as well as the sixth respondent and he has reported that the petitioner has not been excommunicated and there appears to be some enmity between the petitioner and the sixth respondent. That apart, the sixth respondent has given a statement to the Police Officials that none of the members of the Jamath ever objected to the petitioner coming into the Pallivasal for offering prayers and participating in the functions.

¶3Recording the status report filed by the fifth respondent that the petitioner has not been excommunicated as also the statement of the sixth respondent, this Writ Petition is closed, as no further orders are required to be passed in this writ petition. No costs.

19.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To

1.The Chairman, Tamilnadu Wakf Board, No.1, Vallal Seethakathi Nagar, Chennai-01.

2.The Superintendent of Wakf, No.176/11, 1st Floor, Therpaseyanam Road, Vellipattinam, Ramanathapuram.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Devakottai Taluk,

5.The Inspector of Police, Devakottai Town Police Station,

P.T.ASHA, J. abr Dated: 19.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA Allahayar .. Petitioner Vs. 1.The Chairman, Tamilnadu Wakf Board, No.1, Vallal Seethakathi Nagar, Chennai-01. 2.The Superintendent of Wakf, No.176/11, 1st Floor, Therpaseyanam Road, Vellipattinam, Ramanathapuram. 3.The Revenue Divisional Officer, Devakottai, Sivagangai District. 4.The Tahsildar, Devakottai Taluk, 5.The Inspector of Police, Devakottai Town Police Station, 6.Kamarul Jamal, President of Mohideen Andawar Pallivasal, Vattanam Road, Devakottai, 7.Adham Malik, Treasurer of Mohideen Andawar Pallivasal, Vattanam Road, Devakottai, 8.Abhu Haneefa, Committee Member of Mohideen Andawar Pallivasal, Vattanam Road, Devakottai, .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing respondents 1 and 2 to take necessary action as against respondents 6 to 8 for the act of excommunicated done by them as against the petitioner by considering the representation dated 03.05.2023 within a time frame as may be fixed by this Court. For Petitioner : Mr.D.Venkatesh For RR1 & 2 : Mr.S.A.Ajmalkhan Standing Counsel For RR3 to 5 : Mr.D.Ghandiraj Special Government Pleader