MUNEERUDDIN Vs. ADMINISTRATOR CUM SENIOR CIVIL JUDGE

JUDGEMENT

(1.) FOR the administration of A. S. Peta Mosque and Tomb Estate, Nellore District, a scheme was framed about 85 years back in O. S. No. 50/1913 in the court of Temporary Subordinate Judge, Vellore through decree dated 10-12-1917. The same was approved by the Madras High Court in A. S. No. 200/1917 in its judgment dated 25-4-1918. According to the scheme the administration of Wakf vested in the District Judge, Nellore. As part of the scheme, the petitioner herein, was appointed as trustee on 30-1-1999 for a term of five years.

(2.) THE petitioner contends that one day before the Ramjan Festival of that year, the District and Sessions Judge, Nellore, the 2nd respondent herein visited the Wakf on 16-12-2001 and had forced him to submit his resignation. It is also his case that on 18-12-2001 the 2nd respondent placed him under suspension and thereby the letter of resignation submitted by the petitioner was ignored. The 2nd respondent passed an order dated 7-3-2002 dismissing the petitioner from trusteeship. Petitioner challenges the same in this writ petition.

(3.) SRI P. Venugopal, learned counsel for the petitioner submits that the petitoner was forced to submit this resignation on 16-12-2001 itself. According to him once the 2nd respondent passed order dt. 18-12-2001 suspending the petitioner, it has to be presumed that the letter of resignation was not acted upon as such further steps could have been taken only on the basis of enquiry. He submits that since no findings were recorded against the petitioner and no notice was issued to him framing any charges, the impugned order cannot be sustained.