S.Zakkir v. The Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9452 of 2019 S.Zakkir

...Petitioner

Vs.

1.The Tamil Nadu Wakf Board Rep.by its Chairman No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

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

3.Ghouse Sahib President, Jumma Bilal Pallivasal East Coast Road, Pudupattinam - 603 102.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 to register the mosques at Pudupattinam, Thirukazhukundram Taluk, Kanchipuram District and to conduct elections by secret ballot to the mosques as sought vide representation dated 12.03.2019.

For Petitioner : Mr.N.A.Nissar Ahmed For Respondents: Mr.Md.Fayaz Ali For R1 & R2

O R D E R

Mr.Md.Fayaz Ali, learned counsel takes notice for the respondents 1 & 2. Since this writ petition is being disposed of without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the respondents 1 & 2 to register the mosques at Pudupattinam, Thirukazhukundram Taluk, Kanchipuram District and to conduct election by secret ballot to the mosques, based on his representation dated 12.03.2019.

3. Heard both sides.

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4. The grievance of the petitioner before this Court is that the said representation has not been considered by the respondents 1 & 2 so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the first respondent to consider and pass appropriate orders on the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the first respondent to consider the representation of the petitioner 12.03.2019 and pass appropriate orders on the same on merits and in accordance with law, after hearing the petitioner, the third respondent and other interested parties, if any. Such exercise shall be done by the first respondent within a period of four months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To 1.The Tamil Nadu Wakf Board Rep.by its Chairman No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

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

+1 cc to Mr.N.A.Nissar Ahmed, Advocate, Sr.No. 31137 W.P.No.9452 of 2019 LN(CO) CSL/02.05.2019 https://hcservices.ecourts.gov.in/hcservices/