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Madras High CourtWP/19615/2019dismissed as infructuous

M.Sirajudeen v. The Honourable Chairman

2021-04-19Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.19615 of 2019 (Heard through VC) Mr.M.Sirajudeen .. Petitioner Vs.

1.The Hon'ble Chairman 2.The Chief Executive Officer 3.The Superintendent of Wakfs Poonamallee Periya Pallivasal Valagam Poonamallee, Chennai - 600 056 4.The District Collector Kanchipuram District Collectorate Compound Kanchipuram 5.The Revenue Divisional Officer Kanchipuram RDO Office Kanchipuram District 6.The Superintendent of Police Kanchipuram District Kanchipuram 7.The Inspector of Police Sunguvarchatram Police Station Kancheepuram 8.Ad hoc Committee Ahla Sunnath Val Jamaath Jamia Masjid Represented by its President Sunguvarchathiram, Kancheepuram .. Respondents

PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st to 3rd respondents to expedite the election process and conduct election by secret ballot to the Wakf "Ahla Sunnath val Jamaath Jamia Masjid, Sunguvarchathiram, as per the order of the 2nd respondent made in Sa. Mu. Aanai. No.13881/18/Aa4/Kanchi dated 19.03.2019, within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.I.Abdul Basith For Respondents: Mr.V.Raghavachari for R1 to R3 Mr.M.Digvijayapandian, AGP for R4 to R7

O R D E R

This petition is for a Writ of Mandamus directing the 1st to 3rd respondents to expedite the election process and conduct election by secret ballot to the Wakf "Ahla Sunnath val Jamaath Jamia Masjid, Sunguvarchathiram, as per the order of the 2nd respondent made in Sa. Mu. Aanai. No.13881/18/Aa4/Kanchi dated 19.03.2019, within the time frame as may be fixed by this Hon'ble Court.

2. It is stated by the learned counsel for the petitioner that O.A. No.73 of 2019 was filed to direct the Wakf Board to conduct election as per Wakf Deed dated 21.04.1948 and not to deviate from the directions stated in the said Wakf Deed. The said Original Application was allowed on 05.09.2019. A challenge to the same by certain third parties in C.R.P. No.3685 of 2019, was also dismissed on 01.02.2021, by this court.

3. In view of the above, the instant writ petition, has become infructuous. Accordingly, the said writ petition is dismissed as infructuous. However, there is no order as to costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar Asr To 1.The Hon'ble Chairman

2.The Chief Executive Officer 3.The Superintendent of Wakfs Poonamallee Periya Pallivasal Valagam Poonamallee, Chennai - 600 056 4.The District Collector Kanchipuram District Collectorate Compound Kanchipuram 5.The Revenue Divisional Officer Kanchipuram RDO Office Kanchipuram District 6.The Superintendent of Police Kanchipuram District Kanchipuram 7.The Inspector of Police Sunguvarchatram Police Station Kancheepuram 8.Ad hoc Committee Ahla Sunnath Val Jamaath Jamia Masjid Represented by its President Sunguvarchathiram, Kancheepuram • 1 cc to M/s. Government Pleader Sr.24001 W.P.No.19615 of 2019 SSN(CO) EU 6.5.2021