B.Nawaz, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.37310 of 2015 and M.P.No.1 of 2015 B.Nawaz ... Petitioner Vs

1. The Secretary to Government, rep.by the Department of Minority & Backward Class, Fort.St.George, Chennai-9.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai-1.

3. The Wakf Superintendent (North Division), Tamil Nadu Wakf Board, Salem-1.

... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider and take action on the representation dated 10.10.2015 in accordance with law indicating a time limit for the same.

For Petitioner : Mr.R.Chellapppa For Respondent-1 : Mr.S.Pattabiraman, Government Advocate

ORDER

Mr.S.Pattabiraman, learned Government Advocate takes notice for the first respondent. Heard the learned counsel for the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner has come up with the above writ petition seeking a direction to the first respondent to consider his representation.

3. Admittedly, the matter pertains to election of muthavallies to a mosque. If the petitioner feels that the term of office of the elected office bearers has already been over or if there is an irregularity, he has to approach the Wakf Tribunal for appropriate relief and no direction as sought can be granted in a writ petition. That part, the persons, against whom, the petitioner made allegations stating that the term of office has been over, are not made parties to this writ petition.

4. Accordingly, the writ petition is dismissed. No costs. Consequently, the above MP is also dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar RS To 1.The Secretary to Government, The Department of Minority & Backward Class, Fort.St.George, Chennai-9.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai-1.

3.The Wakf Superintendent (North Division), Tamil Nadu Wakf Board,Salem-1.

+1cc to Mr.S.Loganathan, Advocate, S.R.No.64049 +1cc to the Government Pleader, S.R.No.63732 WP.No.37310 of 2015 and MP.No.1 of 2015 SVI(CO) CA(10/12/2015) https://hcservices.ecourts.gov.in/hcservices/