High CourtsSingle Bench(2010) 10 MAD CK 0066

A. Fyz Mohamed vs The Chief Executive Officer, I/C, Tamil Nadu Wakf Board

Madras High Court · Decided on 29 October 2010

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (MD) No. 3343 of 2007 and M.P. (MD) No. 2 of 2010

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Judgment

12 paragraphs · 243 words

M. Jaichandren, J.—Heard Mr. G. Marimuthu, the learned Counsel appearing on behalf of the Petitioner, as well as Mr. K.K. Senthil, the

learned Counsel appearing on behalf of the Respondent.

2.

The main contention of the learned Counsel appearing on behalf of the Petitioner is that the notice issued by the Respondent, u/s 72(1) of the

Wakf Act, 1995, is without jurisdiction, as the net annual income of the Petitioner wakf is less than Rs. 5,000/-.

3.

The learned Counsel appearing on behalf of the Respondent had submitted that it would be open to the Petitioner to raise the said issue before

the Wakf Board, u/s 72(7) of the Wakf Act, 1995.

4.

In view of the submissions made by the learned Counsels appearing on behalf of the Petitioner, as well as the Respondent, this Court is of the

considered view that the writ petition is not maintainable in view of the fact that an efficacious alternative remedy is available to the Petitioner, to

raise the issues, which had been raised by the Petitioner in the present writ petition, before the Tamil Nadu Wakf Board, u/s 72(7) of the Wakf

Act, 1995. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, it is made

clear that it would be open to the Petitioner to raise all the grounds available to the petitioner, before the Tamil Nadu Wakf Board, in the manner

known to law, if so advised.