A. SHAHIRA NASEEM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are spouses. The fifth respondent is the brother of the first petitioner. There had been disputes between the petitioners and the fifth respondent. This Court need not examine the genesis of such dispute. However, the fifth respondent appears to have given a representation before the fourth respondent, who is the Khazi for Tiruppur District and is now at J.S.H Arabic College at Tiruppur.

(2.) The fourth respondent, is limited in his authority by The Kazis Act 1880. He appears to have over reached himself and the communications issued by him have been the reason for the petitioner to approach this Court by filing the present Writ Petition.

(3.) Mr.R.Prabakar, learned counsel for the writ petitioners vehemently argued that the fourth respondent has no authority to issue the communications complained of and therefore, urged that the Writ Petition which had been filed in the nature of a Mandamus seeking direction against the first to third respondents to take appropriate action against the fourth respondent for acts of misconduct, should be considered to the adverse interest of the fourth respondent. More particularly the learned counsel insisted that this Court should ensure that Khazhis across the State do not over reach their authority and interfere with disputes among the members of the Muslim Community.