Madras High Court
Muhalli Muthavalli vs The Adhoc Board Of Administrators on 5 January, 2022
W.P. No.27770 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P. No.27770 of 2021
Muhalli Muthavalli
H.Haja Nazimudden Sahib ... Petitioner
Vs
1.The Adhoc Board of Administrators,
Nagore Dargah Interim Adhoc Administrators,
Nagore Dargah, Nagore 611 002,
Nagapattinam District.
2.The Tamil Nadu Waqf Board
Rep. By its Chief Executive Officer,
No.1, Jaffer Syrang Street,
Mannady, Chennai – 600 001. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the respondents to
allow the petitioner and others to participate in the holy ceremonies of
465th Urs of the Nagoor Dargah to be held on 4th January 2022 to 17th
January 2022 as stated in the representation dated 20.12.2021.
For Petitioner : Ms.A.Ajimath Begam
For Respondents : Mr.Haja Mohideen Gisthi
Standing Counsel for R2
1/7
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W.P. No.27770 of 2021
ORDER
The prayer sought for herein is for a writ of mandamus directing the
respondents to allow the petitioner and others to participate in the holy
ceremonies of 465th Urs of the Nagoor Dargah to be held on 4th January
2022 to 17th January 2022 as stated in the representation dated 20.12.2021.
2. The petitioner claims that he is entitled to participate in the 465th
Urus festival of Nagore Dargah to be held from 4th January 2022 to 17th
January, 2022. In this regard, the petitioner, in order to get such a
permission to participate in the Urus festival, has given a representation to
the respondents on 20.12.2021 and the said representation, according to
the petitioner, has to be considered and decided by the respondents,
therefore, he approached this Court by filing the present writ petition with
the aforesaid prayer.
3. Heard Ms.A.Ajimath Begam, learned counsel appearing for the
petitioner as well as Mr.Haja Mohideen Gisthi, learned Standing Counsel
appearing for the 2nd respondent Tamil Nadu Wakf Board.
4. The learned Standing Counsel for the 2nd respondent would
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W.P. No.27770 of 2021
submit that, by virtue of the directions given by a Division Bench
Judgment of this Court made in W.A.No.1640 of 216 etc. batch dated
08.06.2018, the 1st respondent was appointed as Adhoc Administrators.
However, as per the Division Bench Judgment referred to above, the
overall supervisory control is vested with the Tamil Nadu Wakf Board and
the 1st respondent also to report to the 2nd respondent Wakf Board.
5. In this context, if at all the petitioner wants his representation
dated 20.12.2021 to be considered by the 2nd respondent, the 2nd
respondent certainly would consider and pass orders on merits. However,
if the petitioner wants to get any such consideration from the 1st respondent
who is the Interim Administrators, he can approach them. However,
insofar as such permission to be granted to the petitioner as sought for by
the petitioner is concerned, only the 2nd respondent is empowered to and
not the 1st respondent.
6. Be that as it may, now the grievance of the petitioner is that, his
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W.P. No.27770 of 2021
request dated 20.12.2021 shall be considered for the purpose of giving
permission to the petitioner to participate in the 465th Urus festival which
has just commenced from 04th January 2022 and will be lasting upto 17th
January 2022. If that being so, this Court feels that, the representation or
application submitted by the petitioner dated 20.12.2021 can very well be
considered by the 2nd respondent as claimed by them and accordingly the
same may be decided.
7. In this context, it is the apprehension on the part of the petitioner
as projected by the learned counsel for the petitioner that, if a permission is
granted by the 2nd respondent, the petitioner may not be permitted to
participate in the Urus festival as that kind of embargo would come from
the 1st respondent.
8. That kind of apprehensive issues cannot be decided by this Court
at this juncture, as the learned Standing Counsel for the 2nd respondent has
categorically stated that, the representation of the petitioner would be
considered by them and on such consideration, if they are able to get a
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W.P. No.27770 of 2021
permission from the 2nd respondent, based on which, the petitioner can
workout his remedy to execute the same in the manner known to law.
9. In that view of the matter, this Court is inclined to dispose of this
writ petition with the following orders:
That there shall be a direction to the 2nd respondent to
consider the representation of the petitioner dated 20.12.2021
and pass orders thereon on merits and in accordance with law
within a period of two days from today as the Urus festival
has already begun from yesterday (i.e. 04.01.2022). Once
such consideration is shown out of which if any permission
come from the 2nd respondent to the petitioner, it is open to
the petitioner to workout the same by executing the said
permission in the manner known of law.
10. With these observations and direction, this Writ Petition is
disposed of. No costs.
05.01.2022
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W.P. No.27770 of 2021
Index : Yes / No
Speaking Order : Yes / No
Note : Issue order copy on 05.01.2022.
Sgl
To
1.The Adhoc Board of Administrators,
Nagore Dargah Interim Adhoc Administrators,
Nagore Dargah, Nagore 611 002,
Nagapattinam District.
2.The Chief Executive Officer,
The Tamil Nadu Waqf Board
No.1, Jaffer Syrang Street,
Mannady, Chennai – 600 001.
https://www.mhc.tn.gov.in/judis
W.P. No.27770 of 2021
R. SURESH KUMAR, J.
Sgl
W.P. No.27770 of 2021
05.01.2022
https://www.mhc.tn.gov.in/judis
