A. R. Abdul Thurab v. The Tamil Nadu Wakf Board Rep. by its Chief Executive Officer, Chennai & Others
2010-03-22
R.SUBBIAH
body2010
DigiLaw.ai
Judgment :- The petitioner has come up with the present writ petition challenging the order of the first respondent dated 27.11.2009 and consequently direct the first respondent to disburse the expenses incurred by him for the conduct of ceremonies in the Hazarath Syed Thurabuddinshah Khadri Dargah, based on his representation dated 12.11.2009. 2. The case of the petitioner is that originally forefathers of the petitioner were functioning as Muthawalli of Hazarath Syed Thurabuddinshah Khadri Dargah. By proceedings dated 12.4.2002, the petitioner was appointed as hereditary Muthawalli of the said Dargah. Thereafter, since O.A.No.9 of 2009 was pending before the Wakf Tribunal, due to the dispute with regard to Muthawalliship between the family members of the petitioner, the first respondent stopped the disbursement of expenses incurred for conducting the ceremonies to the said Dargah. Hence, the petitioner had spent his own money for conducting the ceremonies for the years 2008 and 2009 and he had also made a representation dated 12.11.2009 to disburse the expenses that had been already incurred by him for the years 2008 and 2009. Since the same has not been considered, the petitioner has approached this Court by filing the present writ petition. 3. The learned counsel for the petitioner submits that the petitioner needs expenses for conducting ceremonies for the year 2010 which is scheduled to be held on 30.4.2010. Hence, he prays to direct the first respondent to disburse the expenses that had been already spent by the petitioner for conducting ceremonies during the years 2008 and 2009. 4. The learned counsel appearing for the respondents, on instructions, submits that the representation of the petitioner will be considered in the Board meeting which is scheduled to be held on 30.3.2010. In so far as the disbursement of amount which is going to be incurred by the petitioner for the year 2010 is concerned, the learned counsel submits that the petitioner may be directed to send a representation to the first respondent. 5. Considering the submissions made on either side, I direct the petitioner to send a representation for disbursement of the expenses for the ceremony which is scheduled to be held on 30.4.2010 to the first respondent immediately. On receipt of the same, the first respondent is directed to consider the fresh representation along with the earlier representation of the petitioner dated 12.11.2009 and pass orders on merits and in accordance with law. 6.
On receipt of the same, the first respondent is directed to consider the fresh representation along with the earlier representation of the petitioner dated 12.11.2009 and pass orders on merits and in accordance with law. 6. The writ petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous petition is closed.