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Madras High CourtWP/14147/2019disposed of

M.Abdul Kadher, v. Tamil Nadu Wakf Board

2020-12-16Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.14147 of 2019 and W.M.P.No.14205 of 2019 M.Abdul Kadher ... Petitioner Vs.

1. Tamil Nadu Wakf Board, Represented by its Chairman/Chief Executive Officer, No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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

3. The District Superintendent of Waks, Tamil Nadu Wakf Board, Thiruvellur District.

4. Papa bi Dhargha and Mosque Committee, Korimedu Contonment, Poonamallee, Chennai - 56.

.. Respondents PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 herein to consider the petitioner's representation dated 06.02.2019 and direct the respondents 1 and 2 to conduct fresh election to the Papa bi Dhargha and Mosque, Korimedu, Contonment, Poonamallee, Chennai - 56.

For Petitioner : Mr.S.Baratha Ambethkar For Respondents 1 to 3 : Mr.S.Haja Mohideen Gisthi For R4 : Mr.Nissar Ahmed

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O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct respondent Nos. 1 and 2 herein to consider the petitioner's representation dated 06.02.2019 and direct them to conduct fresh election to the Papa bi Dhargha and Mosque, Korimedu, Contonment, Poonamallee, Chennai - 56.

2. The petitioner is one of the Local Jamattar of the Papa bi Dhargha and Mosque, Korimedu, Contonment, Poonamalle. The main allegation is that no election has been conducted by the Wakf Board for the past two years and there is no proper administration for the works. The tenure of the Interim Adhoc Committee appointed for managing is over on 29.05.2016 and the tenure of the present Committee has already got over on 28.05.2017. Therefore, a representation dated 06.02.2019 has been sent directly to the first and second respondent to conduct a fresh election to the Papa bi Dhargha and Mosque.

3. The learned counsel appearing for the Wakf Board, upon instructions, would submit the communication from the Wakf Inspector, Kanchipuram/Tiruvallur in Letter No.GS220/W.I/Tiruvallur/ 2020, dated 23.11.2020. As per the said communication, the Board is desirous of considering the representation of the petitioner along with other agendas. It is also stated that there will be a Board Meeting every month.

4. Therefore, the Wakf Board/ the first respondent is directed to consider the petitioner's representation dated 06.02.2019 in the next meeting to be convened by the Board and the decision taken in the said meeting shall also be communicated to the petitioner.

With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. -sd/- Assistant Registrar (CS) // True Copy // Sub-Assistant Registrar asi

To

1. The Chairman/Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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

3. The District Superintendent of Waks, Tamil Nadu Wakf Board, Thiruvellur District.

4. Papa bi Dhargha and Mosque Committee, Korimedu Contonment, Poonamallee, Chennai - 56.

+ 1 C.C. to M/S.N.RABIYA, Advocate SR.NO.41734 W.P.No.14147 of 2019 and W.M.P.No.14205 of 2019 CA [CO] RR 19/01/2021