Madras High Court
J.Yousufdeen @ Syed Hall Kalandar ... vs Sarguru Sayed Karim Alisha Sadar on 2 January, 2023
W.A.No.2787 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2787 of 2022
J.Yousufdeen @ Syed Hall Kalandar Alisha
Son of Late Sadguru Syed Hall Kadar Alisha
@ S.K.Jainulabidin .. Appellant
v.
1. Sarguru Sayed Karim Alisha Sadar
Sarkalifa Refaye Aithroos Kadire
Son of late Mohamed Abubacker
2. The Managing Trustee
Nagore Dargah
Nagore 611 002
3. The Manager
represented by Mr.Jahabr Hussain
Nagore Dargah, Nagore 611 002
Nagapattinam District
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W.A.No.2787 of 2022
4. Syed Hasimullah Shah Moulana
Hussaini Rafai Ahmedi Khadri
Son of Sadiq Moulana @
late Syed Abudulasha
5. Haji Kaji S.A.Sheik Hassan Sayeeb Khadri
6. Syed Mohammed Kalifa Sayeeb .. Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order
dated 18.11.2022 passed in W.P.No.2356 of 2020.
For Appellant :: Mr.S.S.Kumar for
Mr.Y.Mohamed Ghouse
For Respondents :: Mr.J.Ravindran
Senior Counsel
for Mr.B.K.Girish Neelakantan
for R1
Ms.A.Ajimathbegum for
R2, R3 & R6
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
This writ appeal has been directed against the impugned order dated
18.11.2022 passed by the learned single Judge in Writ Petition No.2356 of
2020.
2. The third respondent in the writ petition is the appellant herein.
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W.A.No.2787 of 2022
When notice was issued by the learned single Judge in the writ petition, the
appellant herein, for the reasons best known to him, even after service of
notice, failed to enter appearance and not even filed his counter affidavit.
Secondly, there appears to be a dispute between the first respondent/writ
petitioner and his father-in-law. Thirdly, the learned single Judge has also
given a direction to the second respondent herein to consider the plea of first
respondent/writ petitioner to recognise him as a Sarguru for the purpose of
participating in the forthcoming 466 th Annual Urs festival to be conducted
from 20.12.2022 and pass orders thereon within a period of two weeks from
the date of receipt of a copy of the order. Therefore, if the appellant stands
aggrieved for any other reason, it is for him to workout his remedy and
without there being any cause of action, the appellant cannot maintain this
writ appeal. Therefore, the writ appeal stands dismissed. Consequently,
C.M.P.Nos.22637 & 22638 of 2022 are also dismissed. However, there shall
be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.)
Index : yes/no 02.01.2023
ss
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W.A.No.2787 of 2022
To
1. The Managing Trustee
Nagore Dargah
Nagore 611 002
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https://www.mhc.tn.gov.in/judis
W.A.No.2787 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
ss
W.A.No.2787 of 2022
02.01.2023
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