A.H.Tahoorullah, v. The Tamil Nadu Wakf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.17424 OF 2015 A.H.Tahoorullah ... Petitioner -vs1. The Tamil Nadu Walf Board, represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2. The Superintendent of Wakf, No.54, Thipusultan Complex, 1st Floor, 1st Agraharam, Salem - 636 001.

... Respondents Writ Petition has been filed, praying for issuance of a writ of mandamus, directing the first respondent to approve the Managing Committee selected/elected on 01.09.2014 as informed to the first respondent as per the representations, dated 27.10.2014 and 29.05.2015, for Poora Mosque at 286, Gandhi Road, Oldpet, Krishnagiri.

For petitioner : Mr.G.Suryanarayanan For respondents : Mr.V.Lakshminarayanan

O R D E R

By consent, the Writ Petition is taken up for final disposal.

2. The petitioner would state that the election/selection of the Managing Committee of Poora Masjid at No.286, Gandhi Road, Oldpet, Krishnagiri, is for a period of three years and the said election process is to be done by the first respondent. The petitioner would further state that the Managing Committee, comprising the petitioner and others, was elected on 01.09.2014 and, on 27.10.2014, a letter was addressed to the first respondent to recognise the said committee, enclosing the copies of all

materials relevant for approval. However, on 20.03.2015, a communication was sent by the Chief Executive Officer of the Wakf Board, Chennai, first respondent herein, to Superintendent of Wakf, Salem, second respondent herein, to select a new committee, pursuant to which, the second respondent, on 24.03.2015, sent a letter to the Managing Committee to conduct a fresh election on 17.04.2015, without approving the Managing Committee, to which the petitioner and other office bearers were already elected on 01.09.2014.

3. The grievance of the petitioner is that the first respondent has failed to perform the legal duties cast upon him to approve the Managing Committee, which was elected on 01.09.2014 only pursuant to the direction of the Chief Executive Officer of the Wakf Board, in which regard, he already submitted a representation, dated 29.05.2015, to the first respondent and since no orders have been passed thereon, he has come forward to file this Writ Petition.

4. Heard the submissions of Mr.V.Lakshminarayanan, learned counsel, who accepts notice on behalf of the respondents.

5. Though the petitioner prayed for a larger relief, this Court, considering the facts and circumstances, and without going into the merits of the case, directs the first respondents to consider the representation of the petitioner, dated 29.05.2015, on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order, and communicate the decision taken thereon to the petitioner.

6. Writ Petition is disposed of accordingly. No costs. Consequently, the connected M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dixit To

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

2. The Superintendent of Wakf, No.54, Thipusultan Complex, 1st Floor, 1st Agraharam, Salem - 636 001.

+1cc to Mr.G.Suryanarayanan, Advocate, S.R.No.30143 W.P.No.17424/2015 KM(CO) CA(29/06/2015)