1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.2638 of 2011 1.S.Syed Amir Ibrahim 2.S.Syed Hanif Pasha 3.B.Farooz Mohammed Khan : Petitioners Vs 1.Tamil Nadu Wakf Board Represented by its Chairman, No.1, Jaffar Sirang Street, Vallal Sithakkaathi Nagar, George Town, Chennai - 600 001. 2.S.Syed Kader Mehar Ali S/o.S.M.H.Ibrahim, President: Khadiriya Tharikha Trust, No.61, Kajimar Street 1st lane, Madurai - 625 001. 3.G.Badhusha Mohideen, S/o. Gulam Hussain, Secretary: Khadiriya Tharikha Trust, No.61, Kajimar Street 1st lane, Madurai - 625 001. : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the proceedings of the first respondent Board in the proceedings bearing impugned resolution No.Na.Ka.No.3382/04/E-4/Madurai, dated 23.09.2009 in respect of Sl.No.12 Item No.175/05 passed by the first respondent and quash the same insofar as it omits to initiate appropriate action in accordance with law in respect of charges Nos.5,6,7,8 and 12 rendered therein and consequently direct the first respondent to initiate action in accordance with law in respect of the aforesaid charges. For petitioners : M/s.G.R.Swaminathan For Respondent 1 : Mr.K.K.Senthil For Respondents 2&3 : Mr.J.Bharathan ORDER This writ petition has been filed challenging the order of the Wakf Board, dated 23.09.2009. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel appearing for the petitioners would contend that earlier the petitioners have filed a writ petition and that was disposed of by permitting them to challenge the order, but the challenge should be made in the appropriate forum as contemplated under law. 3. Under law, the Wakf Tribunal is the appropriate forum. Hence, as per the latest judgment of the Hon'ble Supreme Court reported in 2011 (1) CTC 636 (Board of Wakf, West Bengal and another v. Anis Fatma Begum and another), only the Wakf Tribunal constituted under the Act is the appellate forum. Therefore, the petitioner can only have the recourse before the Wakf Tribunal. The writ petition is not maintainable in law. In these circumstances, the writ petition is dismissed as not maintainable. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Chairman, Tamilnadu Wakf Board, No.1, Jaffar Sirang Street, Vallal Sithakkaathi Nagar, George Town, Chennai 600 001. +1cc to Mr.K.K.Senthil Advocate, Sr.No.6225 +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.6030 W.P.(MD)No.2638 of 2011 10.03.2011 srm SMA/30.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/