Madras High Court
Syed Latheef vs Syed Mazhar Hussain on 6 January, 2022
W.A.No.3091 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.01.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.A.No.3091 of 2021 &
C.M.P. No.21456 of 2021
1. Syed Latheef
2. G.M. Syed Fasi Mohammed
3. Shabana Ayisha
4. Fathima Begum
5. Syed Thula Basha
6. S.A. Rahman
7. Syed Faizulah
8. Syed Akthar Hussain ... Appellant
v.
1. Syed Mazhar Hussain
2. Tamil Nadu Wakf Board,
Represented by the Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
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W.A.No.3091 of 2021
3. The Chairman,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
4. The Election Officer/
Superintendent f the Wakf,
Chennai Zone,
No.139, Dr. Besant Road,
Ice House, Triplicane,
Chennai – 600 005.
5. The Executive Officer,
Chennai Superintendent f the Wakf,
Chennai Zone,
No.139, Dr. Besant Road,
Ice House, Triplicane,
Chennai – 600 005.
6. Syed Kasim Sakaaf
7. Syed Ajaz Ahmed
8. H.W.Shanaaz
9. Mohammed Sajath
10. H. Gayaz Ali
11. Mubeena Aamina
12. Haseena Bi
13. Syeda Gousia Begum
14. Showkath Jahaan ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the fair
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W.A.No.3091 of 2021
order dated 10.12.2021 passed in W.M.P.No.27861 of 2021 in
W.P.No.26402 of 2021
For Appellants : Mr.M.K.Hiidayathullah
For Respondents : Mr. Nissar Ahamed - R1
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
The respondents 14 to 21 in W.P.No.26402 of 2021 have filed the
above Writ Appeal challenging the interim order granted in
W.M.P.No.27861 of 2021, dated 10.12.2021.
2. The learned Single Judge granted an order of interim stay on
10.12.2021. Mr. Nissar Ahamed, learned counsel appearing for the 1st
respondent-Writ Petition submitted that the appellants have already filed
a Vacate Stay Petition in WMP (SR) No.11360 of 2021 on 14.12.2021,
hence, the Writ Appeal filed as against the interim order granted by the
learned Single Judge is not maintainable.
3. Mr.M.K.Hiidayathullah, learned counsel appearing for the
appellants submitted that the appellants have not pressed the Vacate
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W.A.No.3091 of 2021
Stay Petition before the Registry. Further, the learned counsel submitted
that the appellants would approach the learned Single Judge by filing a
Vacate Stay Petition and such liberty may be granted to them.
4. In view of the submissions made by the learned counsel on
either side, we are not inclined to entertain the Writ Appeal filed as
against the interim order granted by the learned Single Judge. However,
it is open to the appellants to file appropriate petition to vacate the interim
order granted by the learned Single Judge, in accordance with law.
With the above observations, the Writ Appeal is dismissed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
[M.D., J.] [J.S.N.P., J.]
06.01.2022
Index : Yes/No
Internet: Yes
Rj
To
1. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
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W.A.No.3091 of 2021
Vallal Seethakathi Nagar,
Chennai – 600 001.
2. The Chairman,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
3. The Election Officer/
Superintendent f the Wakf,
Chennai Zone,
No.139, Dr. Besant Road,
Ice House, Triplicane,
Chennai – 600 005.
4. The Executive Officer,
Chennai Superintendent f the Wakf,
Chennai Zone,
No.139, Dr. Besant Road,
Ice House, Triplicane,
Chennai – 600 005.
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W.A.No.3091 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.3091 of 2021 &
C.M.P. No.21456 of 2021
06.01.2022
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