The Pattur Jamia Big Mosque Managing Committee v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.3374 of 2022 and W.M.P.Nos.3483 & 3486 of 2022 The Pattur Jamia Big Mosque Managing Committee, Rep. by its Secretary S.Gulabdeen, Pattur, Mangadu, Chennai - 600 122. ... Petitioner Vs.

1.The Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf / Election Officer, Poonamallee Zone, Poonamallee Big Pallivasal, Chennai - 600 056. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned notification and order issued by the 2nd respondent dated 19.01.2022 in Na.Ka.G.S.En.208/Poovai/Kanchi/2022 and his subsequent election notification in ref No.Na.Ka.Gs.En.208/Kanchi/The-Aa/2022, dated 09.02.2022 quash the same as illegal, arbitrary and abuse of power and direct the 1st respondent to nominate some other person as Election Officer, in the place of 2nd respondent, to prepare correct voters by undertaking field inspection among subscribers of Pattur Jamia Big Mosque to conduct fair and free election in accordance with law.

For Petitioner :Mr.R.Veeramani For Respondents:Mr.C.Shankar Standing Counsel (TN Wakf Board)

O R D E R

The present Writ Petition is filed challenging the election notification dated 09.02.2022 and for a direction to the 1st respondent to nominate some other person as Election Officer in the place of 2nd respondent, to prepare correct voters by undertaking field inspection among subscribers of Pattur Jamia Big Mosque to conduct fair and free election in accordance with law.

2.Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the entire materials on record. 3.When the Writ Petition is taken up for hearing, Mr.C.Shankar, learned Standing Counsel appearing for the respondents submitted that the election was conducted on 06.03.2022 and new Office bearers assumed Office on 07.03.2022. The learned counsel appearing for the petitioner submitted that the petitioner may be given liberty to challenge the election notification before the Wakf Tribunal, since his objection was not considered before conducting the election. 4.Recording the above said submissions, this Writ Petition is dismissed. However, it is open to the petitioner to file a petition before the Wakf Tribunal. Consequently, the connected Miscellaneous Petitions are closed. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR krk To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf / Election Officer, Poonamallee Zone, Poonamallee Big Pallivasal, Chennai - 600 056.

W.P.No.3374 of 2022 ajs[co] srg 29/03/2022