1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.886 of 2011 and M.P(MD)No.1 of 2011 1.Syed Ahamed(Hugdar), President - Hazarath Khaja Syed, Sulthan Allaudeen Oulia Darga and Majeed, (Hagdar Jamath), Goripalayam, Madurai. 2.S.Syed Allaudin(Hugdar), Vice President - Hazarath Khaja Syed, Sulthan Allaudeen Oulia Darga and Majeed, (Hagdar Jamath), Goripalayam, Madurai. 3.S.Saleem (Hugdar), Secretary - Hazarath Khaja Syed, Sulthan Allaudeen Oulia Darga and Majeed, (Hagdar Jamath), Goripalayam, Madurai. : Petitioners Vs. 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Vallal Seethakkathi Nagar, Chennai - 600 001. 2.The Superintendent, Tamil Nadu Wakf Board, Madurai - 1. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents not to fill up the posts of Managing Committee of the Hazarath Khaja Syed Sulthan Allaudeen Oulia Darga within the time specified in m.t.vz;.169/kJiu/t.f/2010 ehs; 22.09.2010 vide notification of the second respondent published in the Daily Thanthi, dated 22.09.2010 so as to defeat the true intention of W.O.P.No.5 of 2010 on the file of the Wakf Tribunal, Madurai. For Petitioners : M/s.A.Hafiza For Respondents : Mr.K.K.Senthil https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioners challenge the notification, dated 22.09.2010 issued by the second respondent calling for applications to fill up the posts of Members of the Managing Committee of Hazarath Khaja Syed, Sulthan Allaudeen Oulia Darga and Majeed situated at Goripalayam, Madurai. 2. According to the petitioners, they have already filed proceedings in W.O.P.No.5 of 2010 before the Wakf Tribunal, Madurai praying for a direction to conduct election to elect the members of the Managing Committee of the Hazarath Khaja Syed, Sulthan Allaudeen Oulia Darga and Majeed. The said proceedings is pending before the Wakf Tribunal. 3. While the matters stood thus, the second respondent has issued a notification in the Tamil Daily Thanthi on 22.09.2010 calling for applications from the Hugdar and non-Hugdar to select the members of the Managing Committee. Feeling aggrieved by the said notification, the petitioner has filed the Writ petition for issuance of a Writ of Mandamus. 4. I have heard the learned counsel for the petitioners and the learned standing counsel for the respondents. 5. The learned counsel for the petitioner would submit that it was not open to the respondents to select the members of the Managing Committee during the pendency of the proceedings in W.O.P.No.5 of 2010. According to the learned counsel, the issue as to whether selection should be conducted to fill up the posts of Members of the Managing Committee in the said Darga is an issue to be decided by the Tribunal. 6. The learned standing counsel has produced a communication, dated 12.01.2011 wherein it was indicated that the selection pursuant to the notification, dated 22.09.2010 has already been made and as such the very prayer made in the Writ petition has become infructuous. 7. The issue as to whether election has to be conducted to elect the members of the Managing Committee is now pending consideration before the Wakf Tribunal, Madurai in W.O.P.No.5 of 2010. 8. It is true that it was only during the pendency of the said original proceedings, the second respondent has issued a notification, dated 22.09.2010. For reasons best known to the petitioners, they have not taken steps to challenge the said notification before the statutory Tribunal. The petitioners cannot maintain two parallel proceedings one before the statutory authority and another before this Court. 9. Therefore, I am of the view that the Writ petition is not maintainable as the petitioners have got an alternative remedy before https://hcservices.ecourts.gov.in/hcservices/ 3 the Wakf Tribunal. Even otherwise, the prayer in the Writ petition has become infructuous in view of the subsequent proceedings, dated 12.01.2011. 10. It is always open to the petitioners to approach the Wakf Tribunal either by filing an application in W.O.P.No.5 of 2010 or by initiating independent proceedings to redress their grievances. It is made clear that in the event of filing applications in W.O.P.No.5 of 2010 or independent proceedings to challenge the proceedings, dated 22.09.2010 or consequential proceedings, dated 12.01.2011, the same shall be disposed of by the Wakf Tribunal, Madurai as early as possible. 11. The Writ petition is disposed of with the above observation. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Vallal Seethakkathi Nagar, Chennai - 600 001. 2.The Superintendent, Tamil Nadu Wakf Board, Madurai - 1. +1 CC to Mr.A.Hafiza, Advocate (SR.No.2832) W.P.(MD)No.886 of 2011 24.01.2011 pm NSV/24.2.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/