MOHAMED HANIFA Vs. CHAIRMAN TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) This writ petition has been filed, praying for a writ of certiorari, to call for the records relating to the impugned order of the first respondent, dated 04.08.2010 and to quash the same.

(2.) The learned counsel appearing on behalf of the petitioner had submitted that the petitioner has been elected as Muthavalli of Puthanatham Jumma Pallivasal, Manamadurai Taluk, Trichy District. The petitioner had been elected as the Muthavalli, on 14.03.2010, and a resolution had also been passed, by the members of the Executive Committee, regarding the election of the petitioner, on 24.03.2010. On 01.04.2010, the fourth respondent had handed over the charge of the pallivasal to the petitioner. Since then, the petitioner has been functioning as the Muthavalli of the Puthanatham Jumma Pallivasal. While so, on 16.07.2010, the fourth respondent and certain others had entered into the Jamath and started to create trouble and had also attempted to attack the petitioner. Therefore, the petitioner had given a police complaint against the fourth respondent. However, the fourth respondent, using his political influence, had approached the second respondent to initiate action against the petitioner and to remove him from the office of Muthavalli. Accordingly, the second respondent, without any jurisdiction and without issuing any notice to the petitioner, had directed the petitioner to appear before him, on 28.07.2010.

(3.) In such circumstances, the petitioner had filed a writ petition before this Court, in W.P.(MD)No.9708 of 2010, challenging the notice issued by the second respondent. However, this Court had dismissed the writ petition directing the petitioner to appear for the enquiry and to submit his explanation. An enquiry had been conducted, on 28.07.2010, without giving the copies of the relevant documents, to the petitioner, to enable him to present his detailed objections. Based on the enquiry, the impugned order, dated 04.08.2010, had been passed, removing the petitioner from the post of Muthavalli of the Puthanatham Jumma pallivasal and instead, appointing the fourth respondent as the Muthavalli of the said pallivasal. Challenging the order passed by the first respondent, dated 04.08.2010, the present Writ Petition has been filed by the petitioner.