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Madras High CourtWP/16113/2016disposed of

P.S.Syed Akbar, v. The Chief Executive Officer

2021-09-30Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 16113 of 2016 and W.M.P. No. 13909 of 2016 P.S.Syed Akbar S/o. Syed Ibrahim ... Petitioner Vs.

1. The Chief Executive Officer Tamilnadu Wakf Board No.1, Jaffar Sirang Street Vallal Seethakathi Nagar Chennai - 600 001.

2. Superintendent of Wakfs No.14-15, Mosque Complex Avinashi Road Uppipalayam Coimbatore - 641 018.

3. Perunthaliyur Sunnath Jamath Jamia Pallivasal Perunthaliyur Post Sakthinagar Via Gobichettipalayam Erode District - 638 315.

4. Inspector of Police Kavindapadi Police Station Erode District.

5. P.A.Sahapudeen

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing respondents 1 and 2 to conduct election to the management of the third respondent / Perunthaliyur Sunnath Jamath for appointment of Muthavalli and other office bearers as per the proceedings of R1 dated 28.09.2015 in Na.Ka.No. 5922/11/A2/Erode by taking over the management of the third respondent from fifth respondent and others.

For Petitioner :

Mr. R.Prabakar For Respondents :

Mr. Mohammed Fayaz Ali (For R1&R2) Mr. C.Kathiravan Government Advocate (For R4) Ms. V.Manopriya (For R5) No appearance (For R3) ******

O R D E R

This writ petition has been filed for a direction directing respondent Nos. 1 and 2 to conduct election to the management of the third respondent / Perunthaliyur Sunnath Jamath for appointment of Muthavalli and other office bearers as per the proceedings of R1 dated 28.09.2015 in Na.Ka.

No.5922/11/A2/Erode by taking over the management of the third respondent from fifth respondent and others.

2.

Learned counsel for the petitioner raises serious allegations against the fifth respondent.

3.

Learned counsel for the petitioner states that the fifth respondent is facing several criminal cases as involved in misappropriation of funds in the third respondent/Jamath. In this regard, the petitioner made a representation to respondent Nos. 1 and 2. However, no enquiry has been conducted and election is also yet to be conducted.

4.

This being the complaint raised by the petitioner, respondent Nos. 1 and 2 are directed to look into the complaint given by the petitioner and initiate all appropriate action for the illegalities and irregularities and for the purpose of conducting election in accordance with law as expeditiously as possible.

5.

With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar Sp/Maya

To

1. The Chief Executive Officer Tamilnadu Wakf Board No.1, Jaffar Sirang Street Vallal Seethakathi Nagar Chennai - 600 001.

2. Superintendent of Wakfs No.14-15, Mosque Complex Avinashi Road Uppipalayam Coimbatore - 641 018.

3. Inspector of Police Kavindapadi Police Station Erode District.

+1 C.C.to MR.R.PRABAKAR, ADVOCATE, SR.NO.51062/2021 +1 C.C.to GOVERNMENT PLEADER, SR.NO.51564/2021 W.P. No. 16113 of 2016 SJ(CO) RA 22/10/2021