Madras High CourtWP/12780/2013disposed of

Z.Anver Basha v. The Tamil Nadu Wakf Board,

2018-06-26Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12780 of 2013 Z.Anver Basha ..Petitioner Vs

1. The Tamil Nadu Wakf Board, Rep.by its Chief Executive Officer, No.1, Jaffer Sarang Street, Vallal Seethakadhi Nagar, Mannady, Chennai - 600 001.

2. The Executive Officer, Jumma Pallivasal Wakf, Kallakurichi, Villupuram District.

3. M.Mohammed Nazar ..Respondents (R3 impleaded as per order of this Court dated 26.06.2018 in M.P.No.1 of 2013 in W.P.No.12780 of 2013) Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent to appoint an executive committee to manage the Jumma Pallivasal Wakf, Kallakurichi.

For Petitioner : M/s.A.Ajimath Begam For Respondents : Mr.V.Lakshminarayanan Standing Counsel for R1 No appearance for R2 Mr.P.Haribabu for R3

ORDER

Heard Ms.A.Ajimath Begam, learned counsel for the petitioner, Mr.V.Lakshminarayanan, learned Standing counsel appearing for the first respondent, Mr.P.Haribabu, learned counsel appearing for the third respondent and none appeared for the second respondent.

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2.This writ petition has been filed for issuance of a writ of Mandamus, directing the first respondent to appoint an executive committee to manage the Jumma Pallivasal Wakf, Kallakurichi, in a time frame.

3. The learned counsel for the petitioner submitted that despite repeated representations a committee was not appointed. Hence, the present writ petition and it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner.

4. The learned Standing counsel appearing for the first respondent submitted that if a fresh representation is given, the same would be considered in accordance with law.

5. In the light of the above submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the petitioner to give a fresh representation to the first respondent by enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the first respondent shall consider the same on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and the third respondent, within a period of six weeks therefrom.

6.With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms +1cc to M/s.A.Ajimath Begam, Advocate, S.R.No. 41139. +1cc to Mr.HariBabu, Advocate, S.R.No. 40347. +1cc to Mr.Raghavachri, Advocate, S.R.No. 40257. W.P.No.12780 of 2013 RJ (CO) BM 16/07/2017.

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