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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 09/03/2006 Coram The Hon'ble Mr. Justice P.SATHASIVAM and The Hon'ble Mr. Justice J.A.K.SAMPTHKUMAR Writ Appeal No.136 of 1999 Nagore Durgha shariff, rep. by its Managing Trustee Haji, M.S.M.Shaik Bava Sahib (saighu), Nagore 611 002, Nagai District. ... Appellant -Vs- 1. The Chief Executive Officer, Tamil Nadu Wakf Board, No.3, Santhome High Road, Chennai 600 004. 2. The Indian Overseas bank, No.20, Thirupalli Street, Nagore-611 002. ... Respondents Appeal under Clause 15 of the Letters Patent against the order ( passed by VSSJ) in W.P.No.17111/1998 dated 15.12.1998. !For Appellant : Mr.S.Abdul Samath ^For R-1 : Mr.Munir Shariff For R-2 : Mr.P.Chandrasekar :J U D G M E N T
(Judgment of the Court was delivered by P.SATHASIVAM, J.)
The above Writ Appeal is directed against the order of the learned
single Judge, dated 15.12.1998, made in W.P. No.17111 of 1998, in and by
which, the learned Judge dismissed the Writ Petition with liberty to the
petitioner to approach the Waqf Tribunal to vindicate their grievance.
2. Heard learned counsel for the appellant as well as the respondents.
3. It is not in dispute that the relief prayed for by the
petitioner/appellant is to be agitated only before the Waqf Tribunal. When
such an effective remedy is available, we are of the view that the learned
Judge is perfectly right in directing the petitioner to approach the Tribunal.
Similar view has been expressed by a Division Bench of this Court in W.A.
No.2344 of 2000, Judgment dated 31.01.2005. In view of the same, we do not
find any ground for interference. Writ Appeal fails and the same is
dismissed. No costs. However, as observed by the leaned single Judge, the
appellant is free to move the Waqf Tribunal, if they so desire, to vindicate
1. The Chief Executive Officer, Tamil Nadu Wakf Board,
No.3, Santhome High Road, Chennai 600 004.
2. The Manager, The Indian Overseas bank, No.20, Thirupalli Street,