N.S.Syed Asmathulla, v. The Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.No.1 of 2014 N.S.Syed Asmathulla ... Petitioner Vs.

The Tamil Nadu Wakf Board Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

...Respondent

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.11.2014 and to conduct enquiry into the affairs of the Wakf and to assume direct management over the Wakf and thereafter to conduct election to the Wakf by secret ballot to elect committee from the residents of the mohalla equally from all the 3 sects, Dekkani, Labbai and Shafis. For Petitioner : Mr.S.Krishnamoorthy For Respondent : Mr.Mohd. Fayaz Ali 1/4

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.11.2014 and to conduct enquiry into the affairs of the Wakf and to assume direct management over the Wakf and thereafter to conduct election to the Wakf by secret ballot to elect committee from the residents of the mohalla equally from all the 3 sects, Dekkani, Labbai and Shafis.

2.The learned counsel appearing for the petitioner submitted that the petitioner is a member of the Ahle Sunnath Jamath Jamia Masjid Wakf, however, there is mis-management in the Wakf and election is also not conducted, thereby the petitioner made representation dated 13.11.2014 to the respondent and the same was not yet considered by the respondent.

3.The learned counsel appearing for the respondent submitted that the representation made by the petitioner and the allegations therein would be considered by the respondent and appropriate action will be taken for conducting election within the time frame fixed by this Court.

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4.In view of the above, this Court directs the respondent to take decision in respect of the alleged mis-management in the Ahle Sunnath Jamath Jamia Masjid Wakf and for conducting election, within a period of twelve weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

29.08.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Tamil Nadu Wakf Board Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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M.DHANDAPANI,J.

pri And M.P.No.1 of 2014 29.08.2024 4/4