K.Azizullah v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.18441 of 2023 K.Azizullah Son of S.Khaleelulla No.84, G.S.T.Road Guduvancheri Chengalpet District ... Petitioner vs.
The Chairman Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakadi Mannady, Chennai 600 001.
The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakadi Mannady, Chennai 600 001.
The Superintendent of Wakf Big Mosque Compound Poonamallee Range Thiruvallur District Jumma Masjid Represented by its Muthavalli
No.1, Mosques Street Guduvancheri, Chengalpet District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 3rd Respondents to hear and dispose of the Petitioner's representations dated 25.08.2022, 14.11.2022, 03.02.2023 & 06.02.2023 to conduct the election in a democratic manner after considering the request of the Petitioner and the other jamathars of the Guduvancheri Jumma Mosque Waqf to define the locality limits of the 4th Respondent mosque waqf and thereby draw the voters list eligible to vote in the elections to the 4th Respondent mosque waqf to prevent double exercise of franchise by the residents of the locality limits of the 4th Respondents mosque waqf and conduct election by way of secret ballot within a time frame as fixed by this Court. For Petitioner :
Mr.A.Mohamed Ismail For Respondents : Mr.Mohamed Fayaz Ali Standing counsel
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the Wakf Board to consider the representation
made by the petitioner and to conduct the election after determining the locality of the 4th respondent wakf and prepare the voters list and thereafter conduct the election.
2. Heard Mr.A.Mohamed Ismail, learned counsel for the petitioner and Mr.Mohamed Fayaz Ali, learned Standing counsel for respondents.
3. The learned Standing counsel appearing on behalf of the Board submitted that before the election is conducted for the 4th respondent wakf, as a regular procedure the Board will always determine the locality limits and prepare the voters list and only thereafter, the election will be conducted. The learned Standing counsel submitted that persons belonging to two different wakfs are attempting to participate in the election and vote. However, there is no clarity with regard to the other wakf about which the petitioner is making reference.
4. The petitioner is directed to make a fresh
representation to the Tamil Nadu Wakf Board, represented by its Chief Executive Officer, by giving all the details and specifically mentioning the discrepancy with regard to the preparation of the voters list. The same shall be considered by the Wakf board and the election shall be conducted for the 4th respondent wakf after preparing proper voters list which fall within the locality limits and thereafter, complete the process of election. This process shall be completed by the Board within a period of three months from the date of receipt of the representation to be made by the petitioner.
5. This writ petition is disposed of with the above directions. No costs.
23.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka
To The Chairman Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakadi Mannady, Chennai 600 001.
The Chief Executive Officer Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakadi Mannady, Chennai 600 001.
The Superintendent of Wakf Big Mosque Compound Poonamallee Range Thiruvallur District Jumma Masjid Represented by its Muthavalli No.1, Mosques Street Guduvancheri, Chengalpet District
N. ANAND VENKATESH, J.
rka W.P No.18441 of 2023 23.06.2023