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Madras High CourtWP/5331/2020disposed of

Mohamed Rafi Sait @ Rafi Gulzar Sait, v. The Special Officer,

2020-03-03Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5331 of 2020 Mohamed Rafi Sait @ Ragi Gulzar Sait S/o.Gulzar Ahamed Sait

...Petitioner

Vs.

1.The Special Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Road Vallal Seethakathi Nagar Chennai-600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Road Vallal Seethakathi Nagar Chennai-600 001.

3.The Superintendent of Wakf No.139, Dr.Besant Road, Triplicane, Chennai-600 005.

4.The Inspector of Wakf No.139, Dr.Besant Road Triplicane, Chennai-600 005.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to conduct the election in Royapuram Jamiya Masjid based on the petitioner's representation dated 20.12.2019. For Petitioner :

Mr.R.Muruga Bharathi For Respondents:

Mr.V.Lakshminarayanan

O R D E R

Mr.V.Lakshminarayanan, learned counsel takes notice for the respondents. By consent of both the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed seeking for a mandamus directing the respondent to conduct the election in Royapuram Jamiya Masjid based on the petitioner's representation dated 20.12.2019.

3. Heard both sides.

4. The grievance of the petitioner is that election to the above said Masjid was not conducted from the year 2001. Ventilating such grievance, the petitioner has made a representation to the Tamil Nadu Wakf Board seeking for conducting election to the said Masjid at the earliest. Since the said representation has not been considered, the petitioner has filed the present writ petition.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as this Court is inclined to direct the second respondent to consider the said representation and pass orders on the same on merits and in accordance with law. Thus, this Writ Petition is disposed of, only with a direction to the second respondent to consider the said representation of the petitioner and pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (TNMCC) //True Copy// Sub Assistant Registrar Mk To 1.The Special Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Road Vallal Seethakathi Nagar Chennai-600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Road Vallal Seethakathi Nagar Chennai-600 001.

3.The Superintendent of Wakf No.139, Dr.Besant Road, Triplicane, Chennai-600 005.

4.The Inspector of Wakf No.139, Dr.Besant Road Triplicane, Chennai-600 005.

+1cc to Mr.R.Muruga Bharathi, Advocate, S.R.No. 19151 W.P.No.5331 of 2020 RK(CO) GN(26/05/2020)