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Madras High CourtWP/19704/2016disposed of

Mrs.K.Madhu, v. The Chief Secretary,

2016-07-11Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.19704 of 2016 K.Madhu .. Petitioner -vs1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Kamarajar Salai, Chennai 600 009.

2.The Principal Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Kamarajar Salai, Chennai 600 009.

3.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai 600 001.

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

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to take necessary action to constitute the Wakf Tribunal consisting of three members by issuing Notification as per the amended provision 83 (4) & 84 of Wakf Act, 1995, as amended by Act 27 of 2013 w.e.f., 01.11.2013 within a time stipulated by this Court.

For Petitioner :

Mr.A.Ilaya Perumal For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by V.R.Kamalanathan, Addl.G.P.

for RR 1 and 2 :

Mr.V.Raghavachari for RR 3 and 4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, the requirement for constitution of the Tribunal is not in doubt keeping in mind the directions of the Hon'ble Supreme Court. The draft rules have already been proposed by the Wakf Board and sent to the State Government.

2.We would have expected the State Government to take a stand that they will do so expeditiously rather than pleading for a prolonged period of time to be consumed over a noncomplicated issue. 3.The question of selection of persons would arise only after the rules have been framed and notified and we expect this process to be completed within a period of three (3) months from today. Thereafter, the question of selection would arise, for which a period of one to two months would suffice. 4.We, thus, dispose of the writ petition in the aforesaid terms.

5.List for the first part of compliance on 21.10.2016. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Kamarajar Salai, Chennai 600 009.

2.The Principal Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Kamarajar Salai, Chennai 600 009.

3.The Section Officer, Writ Section, High Court, Madras.

+1cc to Mr.A.Ilayaperumal, Advocate sr.38356 +1cc to the Government Pleader, Sr.38377 +1cc to Mr.V.Raghavachari, Advocate Sr.38363 W.P.No.19704 of 2016 tm[co] srg 25/07/2016