S.Mohammed Safiudeen v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19/6/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.810 of 2015 S. Mohammed Safiudeen ...

Petitioner Vs

1. The Chairman Tamil Nadu Wakf Board No.1 Jafar Syrang Street Vallal Seethakathi Nagar Chennai 1.

2. The Chief Executive Officer Tamil Nadu Wakf Board No.1 Jafar Syrang Street Vallal Seethakathi Nagar Chennai 1.

3. The Secretary Thittacherry Muslim Voor Uravin Murai Wakf Nirvaga Sabai Thittacherry 609 703 Nagapattinam Taluk & District.

4. The Superintendent Tamil Nadu Wakf Board office 27 Needhi Nagar Court Road Thanjavur.

...

Respondents Appeal filed under Clause 15 of the Letters Patent to set aside the order in W.P.No.8582 of 2015 dated 26/3/2015 passed by this Court. Prayer in WP.8582/15:Writ Petition under article 226 of the Constitution of India praying to issue a writ of mandamus by directing the respondents to stop the elections to select the administrative members for Wakf Nirvaga Sabai to be held on 28.3.2015.

For Appellant : Mr.M.J.Sundar - - - - -

J U D G M E N T

(Judgment of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Questioning the legality and validity of the order dated 26/3/2015, in W.P.No.8582 of 2015, the appellant/writ petitioner has come up with this writ appeal, on the ground that the order passed by the learned Single Judge is erroneous as based on assumptions and presumptions.

2. On a perusal of the documents, we find that the petitioner had come up with the writ petition, seeking to stall the elections to be held on 28/3/2015. The learned Single Judge, recording the fact that once the election process has been set into motion by issuance of Notification, held that the same cannot be stalled by way of writ petition. The said view is unexceptionable. Even otherwise, the election scheduled to be held had already taken place on 24/3/2015. Thus, this writ appeal becomes infructuous and is dismissed accordingly. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The Chairman Tamil Nadu Wakf Board No.1 Jafar Syrang Street Vallal Seethakathi Nagar Chennai 1.

2. The Chief Executive Officer Tamil Nadu Wakf Board No.1 Jafar Syrang Street Vallal Seethakathi Nagar Chennai 1.

3. The Secretary Thittacherry Muslim Voor Uravin Murai Wakf Nirvaga Sabai Thittacherry 609 703 Nagapattinam Taluk & District.

4. The Superintendent Tamil Nadu Wakf Board office 27 Needhi Nagar Court Road Thanjavur.

+1 cc to Mr.M.J.Sundar, Advocate,SR.30668.

Svi(co) krd 30/6 W.A. No.810 of 2015