Madras High CourtWP/18153/2014disposed of

Abdul Jabbar, v. Tamil Nadu Wakf Board,

2015-02-09Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.18153/2014 & MP.No.1/2014 Abdul Jabbar ..

Petitioner

Versus

1.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakadhi Nagar, Chennai 600 001.

2.The Superintendent of Wakfs Tamil Nadu Wakf Board, Salem West, Salem 636 001.

3.The Executive Officer, Jamiya Masjid Trust Board, Tamil Nadu Wakf Board, 1st Agraharam, Salem 636 001.

4.The District Collector Salem District, Salem.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to hold the election to the 3rd respondent as per the terms of the scheme rules for Salem Jamiya Masjid to install the Trust Office with elected members within time frame.

For Petitioner :

Mr.J.Sudhakaran For RR1 to 3 :

Ms.H.Yasmeen Ali For R4 :

Mr.S.Gunasekaran, GA

ORDER

Heard Mr.J.Sudhakaran, learned counsel appearing for the petitioner ; Ms.H.Yasmeen Ali, learned counsel appearing for the respondents 1 to 3 and Mr.S.Gunasekaran, learned Government Advocate appearing for the 4th respondents and perused the materials

available on record.

2.The petitioner seeks for issuance of a writ of mandamus to direct the 1st respondent to hold the election to the 3rd respondent as per the terms of the scheme rules for Salem Jamiya Masjid to install the Trust Office with elected members within time frame. 3.It is seen that earlier, a similar direction was sought for by one another member, Mr.A.K.Ali, by filing WP.No.3392/2011. This Court, by the order dated 17.02.2011, disposed of the said writ petition by directing the Wakf Board to take appropriate steps regarding conduct of election of 3rd respondent Wakf/Trust. 4.Learned counsel appearing for the respondents 1 to 3 produced before this Court the proceedings initiated and the orders passed by the Wakf Inspector/Election Officer, from which it is seen that the election process has already begun.

She would also submit that the entire process will be over within a period of six weeks. 5.In the light of the same, there will be a direction to the respondents 1 and 2 to proceed in accordance with the proceedings already commenced so as to conclude the election in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakadhi Nagar, Chennai 600 001.

2.The Superintendent of Wakfs Tamil Nadu Wakf Board, Salem West, Salem 636 001.

3.The Executive Officer, Jamiya Masjid Trust Board, Tamil Nadu Wakf Board, 1st Agraharam, Salem 636 001.

4.The District Collector Salem District, Salem.

1 cc to Mr.J.Sudhakaran ,Advocate, SR.No.6846 1 cc to Government Pleader,Sr.No6987 WP.No.18153/2014 ts(co) pmk.11.2.2015