See RAJASTHAN HIGH COURT ADVOCATES' ASSOCIATION v. UNION OF INDIA AND OTEHRS
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Cited in this judgment
W.P. No. 4405 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.02.2024CORAMTHE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 4405 of 2024andW.M.P. No. 4744 of 2024K.Baseer Ahamed … Petitioner -vs-1. The Principal Secretary, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2. The Superintendent, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.3. The Waqf Board Inspector, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to appoint the Petitioner as Muthavalli of the Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli based on his representation dated 1/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 202421.08.2023.For Petitioner: Mr. M.SarfudeenaliahamedFor Respondents: Mr. C.Shankar, Standing CounselO R D E RHeard Mr. M.Sarfudeenaliahamed, Learned Counsel for the Petitioner and Mr. C.Shankar, Learned Standing Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.2.The Writ Petition has been filed for directing the Respondents to appoint the Petitioner as Muthavalli of the Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli based on the representation dated 21.08.2023 made by him.3.It is borne out from the materials placed on record that the matter in dispute relates to Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli situated within the territorial limits of jurisdiction of the Madurai Bench of this Court. The only reason stated by the Petitioner for 2/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024approaching the Principal Seat of this Court instead of Madurai Bench is that the office of the First Respondent is located in Chennai. There cannot be any doubt that the First Respondent exercises powers for the whole of the State of Tamil Nadu, but it cannot mean as if the cause of action has arisen within the territorial limits of jurisdiction of the Principal Seat of this Court at Chennai. Even if it is assumed that a part of cause of action has arisen within the territorial limits of jurisdiction of this Court, the principle of forum conveniens would come into play as held by the Division Bench of this Court in C.Ramesh -vs- Director General of Police (Order dated 06.06.2013 in W.P. (MD) No. 8790 of 2013), as follows:- “7. Exercise of jurisdiction is based on arising of the cause of action, either in whole or in part in any one of the said Revenue Districts. [See RAJASTHAN HIGH COURT ADVOCATES' ASSOCIATION Vs. UNION OF INDIA AND OTEHRS (2001 (2) SCC 294) and B.STALIN Vs. THE REGISTRAR, SUPREME COURT OF INDIA AND OTHERS (2012 (3) LW 489 (FB))]. 8. It should be remembered that the part of cause of action must be substantial in nature. The territorial jurisdiction of the Court is linked with the place of accrual of cause of action. [See U.P. RASHTRIYA CHINI MILL ADHIKARI PARISHAD, 3/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024LUCKNOW Vs. STATE OF U.P. AND OTHERS (1995 (4) SCC 738)]. 9. Referring to KUSUM INGOTS & ALLOYS LTD. Vs. UNION OF INDIA (2004 (3) CTC 365), a Full Bench of this Court in SANJOS JEWELLERS Vs. SYNDICATE BANK, BANGALORE AND OTHERS (2007 (5) CTC 305), held as under:- "30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merit. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the Doctrine of forum conveniens. [See BHAGAT SINGH BUGGA Vs. DEWAN JAGBIR SAWHNEY, AIR 1941 CAL 670 : ILR (1941) 1 CAL 490; MADANLAL JALAN Vs. MADANLAL, 1945 (49) CWN 357: AIR 1949 CAL 495; BHARAT COKING COAL LTD. Vs. JHARIA TALKIES & COLD STORAGE (P) LTD., 1997 CWN 122; S.S.JAIN & CO. Vs. UNION OF INDIA, 1994 (1) CHN 445, and NEW HORIZONS LTD. Vs. UNION OF INDIA, AIR 1994 DEL 4/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024126]." 10. Question of entertaining a lis disclosing a cause of action or part of cause of action is based on the averments contained in the affidavit etc. At that stage, the truth or otherwise of the averments need not be gone into. But, there must be necessary averments disclosing a cause of action, so that the Court can take cognizance of/entertaining the lis exposed in the petition for taking further action. [See OIL AND NATURAL GAS COMMISSION Vs. UTPAL KUMAR BASU AND OTHERS (1994 (4) SCC 711)]. 11. A Court cannot arrogate/assume/confer upon itself a jurisdiction-territorial jurisdiction, when it has no such jurisdiction. Lack of jurisdiction to entertain a matter goes to the root of the matter, otherwise whatever action taken or orders passed by the Court becomes a nullity, it is non est and of no consequence at all resulting in wasting of precious public time. Courts are barred from indulging in hypothetic and academic exercises.” Having regard to the aforesaid legal position viz-a-viz factual matrix of this case, the cause of action for the Writ Petition, would have to be necessarily 5/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024construed as having arisen wholly outside the territorial limits of jurisdiction of the Principal Bench of this Court, notwithstanding that the office of the First Respondent is located in Chennai. 4.When it is pointed out that the Writ Petition cannot be entertained in the Principal Seat of this Court in that backdrop, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition with liberty to file fresh Writ Petition for the same relief before the Madurai Bench of this Court and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.02.2024Index: Yes/NoNCC: Yes/NoNote: Issue order copy by 12.03.2024.vjt6/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024To 1. The Principal Secretary, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2. The Superintendent, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.3. The Waqf Board Inspector, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.7/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024P.D. AUDIKESAVALU, J.vjtW.P. No. 4405 of 202423.02.20248/8
W.P. No. 4405 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.02.2024CORAMTHE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 4405 of 2024andW.M.P. No. 4744 of 2024K.Baseer Ahamed … Petitioner -vs-1. The Principal Secretary, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2. The Superintendent, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.3. The Waqf Board Inspector, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to appoint the Petitioner as Muthavalli of the Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli based on his representation dated 1/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 202421.08.2023.For Petitioner: Mr. M.SarfudeenaliahamedFor Respondents: Mr. C.Shankar, Standing CounselO R D E RHeard Mr. M.Sarfudeenaliahamed, Learned Counsel for the Petitioner and Mr. C.Shankar, Learned Standing Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.2.The Writ Petition has been filed for directing the Respondents to appoint the Petitioner as Muthavalli of the Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli based on the representation dated 21.08.2023 made by him.3.It is borne out from the materials placed on record that the matter in dispute relates to Saday Fakkeer Lalaminh Pallivasal, Palaya Pettai, Kandiaberi Village, Tirunelveli situated within the territorial limits of jurisdiction of the Madurai Bench of this Court. The only reason stated by the Petitioner for 2/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024approaching the Principal Seat of this Court instead of Madurai Bench is that the office of the First Respondent is located in Chennai. There cannot be any doubt that the First Respondent exercises powers for the whole of the State of Tamil Nadu, but it cannot mean as if the cause of action has arisen within the territorial limits of jurisdiction of the Principal Seat of this Court at Chennai. Even if it is assumed that a part of cause of action has arisen within the territorial limits of jurisdiction of this Court, the principle of forum conveniens would come into play as held by the Division Bench of this Court in C.Ramesh -vs- Director General of Police (Order dated 06.06.2013 in W.P. (MD) No. 8790 of 2013), as follows:- “7. Exercise of jurisdiction is based on arising of the cause of action, either in whole or in part in any one of the said Revenue Districts. [See RAJASTHAN HIGH COURT ADVOCATES' ASSOCIATION Vs. UNION OF INDIA AND OTEHRS (2001 (2) SCC 294) and B.STALIN Vs. THE REGISTRAR, SUPREME COURT OF INDIA AND OTHERS (2012 (3) LW 489 (FB))]. 8. It should be remembered that the part of cause of action must be substantial in nature. The territorial jurisdiction of the Court is linked with the place of accrual of cause of action. [See U.P. RASHTRIYA CHINI MILL ADHIKARI PARISHAD, 3/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024LUCKNOW Vs. STATE OF U.P. AND OTHERS (1995 (4) SCC 738)]. 9. Referring to KUSUM INGOTS & ALLOYS LTD. Vs. UNION OF INDIA (2004 (3) CTC 365), a Full Bench of this Court in SANJOS JEWELLERS Vs. SYNDICATE BANK, BANGALORE AND OTHERS (2007 (5) CTC 305), held as under:- "30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merit. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the Doctrine of forum conveniens. [See BHAGAT SINGH BUGGA Vs. DEWAN JAGBIR SAWHNEY, AIR 1941 CAL 670 : ILR (1941) 1 CAL 490; MADANLAL JALAN Vs. MADANLAL, 1945 (49) CWN 357: AIR 1949 CAL 495; BHARAT COKING COAL LTD. Vs. JHARIA TALKIES & COLD STORAGE (P) LTD., 1997 CWN 122; S.S.JAIN & CO. Vs. UNION OF INDIA, 1994 (1) CHN 445, and NEW HORIZONS LTD. Vs. UNION OF INDIA, AIR 1994 DEL 4/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024126]." 10. Question of entertaining a lis disclosing a cause of action or part of cause of action is based on the averments contained in the affidavit etc. At that stage, the truth or otherwise of the averments need not be gone into. But, there must be necessary averments disclosing a cause of action, so that the Court can take cognizance of/entertaining the lis exposed in the petition for taking further action. [See OIL AND NATURAL GAS COMMISSION Vs. UTPAL KUMAR BASU AND OTHERS (1994 (4) SCC 711)]. 11. A Court cannot arrogate/assume/confer upon itself a jurisdiction-territorial jurisdiction, when it has no such jurisdiction. Lack of jurisdiction to entertain a matter goes to the root of the matter, otherwise whatever action taken or orders passed by the Court becomes a nullity, it is non est and of no consequence at all resulting in wasting of precious public time. Courts are barred from indulging in hypothetic and academic exercises.” Having regard to the aforesaid legal position viz-a-viz factual matrix of this case, the cause of action for the Writ Petition, would have to be necessarily 5/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024construed as having arisen wholly outside the territorial limits of jurisdiction of the Principal Bench of this Court, notwithstanding that the office of the First Respondent is located in Chennai. 4.When it is pointed out that the Writ Petition cannot be entertained in the Principal Seat of this Court in that backdrop, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition with liberty to file fresh Writ Petition for the same relief before the Madurai Bench of this Court and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.02.2024Index: Yes/NoNCC: Yes/NoNote: Issue order copy by 12.03.2024.vjt6/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024To 1. The Principal Secretary, Tamil Nadu Waqf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2. The Superintendent, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.3. The Waqf Board Inspector, Tamil Nadu Waqf Board Office, Near Kadar Avuliya Pallivasal, Thiruvanandapuram Road, Payamkottai, Thirunelveli - 627 002.7/8 https://www.mhc.tn.gov.in/judis W.P. No. 4405 of 2024P.D. AUDIKESAVALU, J.vjtW.P. No. 4405 of 202423.02.20248/8