Mr.M.Mohammed Ameen v. The Chief Executive Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.19928 of 2016 WMP.No.17184 of 2016 Mr.M.Mohammed Ameen ..
Petitioner Vs.
1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakadhi Nagar, Chennai-600 001.
2.The Superintendent of Wakf Board, Wakf Board Office, Needhi Nagar, Thanjavur.
3.The Inspector of Wakf Board, Thiruvarur Range, Wakf Board Office, Thanjavur.
4.Mr.Mohammed Mohideen ..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to conduct the election within stipulated period of time by following the Bye Law of the Pallivasal Jamath in respect of voting right. For Petitioner :
Mr.K.M.Subramaniam For Respondents :
M/s.Abitha Banu, Standing Counsel for Wakf Board
O R D E R
By consent, this writ petition is taken up for final disposal.
2. The petitioner claims that he is one of the member of the Mohideen Andavar Pallivasal of Kattimedu and Aadhirangam Village
situated at Kattimedu in Thiruthuraipoondi Taluk and also the former Managing Trustee of the said mosque. The petitioner would further state that he is having keen interest in the welfare of the mosque and also made allegation that the present Managing Committee and his associate elected members of the Jamath are not discharging their duties properly and they continued to indulge in mismanagement and misconduct. The further grievance expressed by the petitioner is that their term of office has already came to an end on 31.03.2016 and despite that, no election schedule was announced and they are continuing in their office and indulging in misconduct and misdeeds. The petitioner, in this regard, has submitted a representation in the form of legal notice dated 09.05.2016 and since no response is forthcoming, came forward with this writ petition.
3. Heard the submissions of the learned counsel appearing for the petitioner and Ms.Abitha Banu, learned Standing Counsel who accepts notice on behalf of the respondents 1 to 3 and would submit that a committee consisting of two Wakf Board officials will choose the Managing Committee and in the event of contest only, elections will take place and would further submit that the representation submitted by the petitioner will be considered at an early date.
4. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's representation in the form of legal notice dated 09.05.2016 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, to the petitioner.
5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. jvm s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakadhi Nagar, Chennai-600 001.
2.The Superintendent of Wakf Board, Wakf Board Office, Needhi Nagar, Thanjavur.
3.The Inspector of Wakf Board, Thiruvarur Range, Wakf Board Office, Thanjavur.
+ 1 cc to M/s.K.M.Subramaniam Advocate SR 32091 + 1 cc to Mr.J.B.Abitha Banu, Advocate SR 32346 ala(co) prk30/6 W.P.No.19928 of 2016