Abul Kalam Azad vs S.Showkath Ali
2022 Latest Caselaw 8948 Mad

Citation : 2022 Latest Caselaw 8948 Mad
Judgement Date : 27 April, 2022

Madras High Court

Abul Kalam Azad vs S.Showkath Ali on 27 April, 2022

                                                                                 C.M.P.No.7348 of 2022
                                                                           and W.A.S.R.No.39484 of 2022

                                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated: 27.04.2022

                                                            Coram:

                                  THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                          AND
                                   THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                 W.A.S.R.No.39484 of 2022
                                                           and
                                                  C.M.P.No.7348 of 2022

                     Abul Kalam Azad
                     S/o G.M.Abdul Gudoos                                               .. Appellant
                                                              Vs.
                     1. S.Showkath Ali,
                        Son of N.Sheik Ibrahim
                        Committee Members,
                        Hasarath Noor Mohammed
                         Sha Auvilya Dargha Waqf,
                        Panruti, Cuddalore District.


                     2. The Chief Executive Officer,
                        Tamil Nadu Waqf Board,
                        No.1, Jaffer Syrang Street,
                        Vallal Seethakadhi Nagar,
                        Mannady, Chennai-600 001.

                     3. The Tamil Nadu Waqf Board,
                        Represented by its Chairman,
                        No.1, Jaffer Syrang Street,
                        Vallal Seethakadhi Nagar,
                        Mannady, Chennai-600 001.                                       .. Respondents




                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                                     C.M.P.No.7348 of 2022
                                                                               and W.A.S.R.No.39484 of 2022

                                  C.M.P.No.7348 of 2022 in W.A.S.R.No.39484 of 2022 filed under Section
                     151 of the Code of Civil Procedure (CPC) praying to grant leave and permit the
                     petitioner to file Writ Appeal as against the order dated 22.03.2022 passed by
                     the learned Single Judge, in W.P.No.27052 of 2021 on the file of this Court.
                                  Writ Appeal filed under Clause 15 of the Letters Patent against the order
                     dated 22.03.2022 passed by the learned Single Judge, in W.P.No.27052 of 2021
                     on the file of this Court.


                           For petitioner / appellant     : Mr.S.V.Karthikeyan for M/s.A.Ajmath Begum


                                                       JUDGMENT

(The Judgment of the Court was delivered by The Honourable Chief Justice)

Heard on the application seeking leave for maintaining the appeal.

2. We do not find that the direction given in the order sought to be

impugned, is affecting the appellant herein.

3. The challenge in the Writ Petition was the show cause notice which was

questioned for passing the order without adhering to the principles of natural

justice. Therefore, to make the action in consonance with the principles of

natural justice, while interfering with the order impugned in the Writ Petition, a

direction was given by the learned Single Judge in the connected W.P.No.24892

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https://www.mhc.tn.gov.in/judis C.M.P.No.7348 of 2022 and W.A.S.R.No.39484 of 2022

of 2021, to file reply to the show cause notice, and therefore, the first