Madras High CourtWP/17537/2014disposed of

Wallajabad Muslims Welfare v. The Chief Executive Officer

2021-06-29Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.17537 of 2014 Wallajabad Muslims Welfare Association, represented by its President M. Sadhick Basha, having Office at\ No.28/C, Raja Street, Kancheepuram .. Petitioner Vs.

1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seedhakkadi Nagar, Mannadi, Chennai 600 001.

2.The Superintendent of Wakf, Thiruvallur /Kancheepuram District, Office at Big Mosque Campus, Poonamallee, Chennai .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to conduct the election for the post of Muthavalli and other honorary post in the Wallajabath Sunnath Jamath Masjidh Wakf.

For Petitioner :

Mr.S. Prabhu For Respondents :

Mr.Mohamed Fayaz Ali for R1 R2- No appearance

O R D E R

The petitioner has come up with this Writ Petition seeking for a Mandamus directing the respondents to conduct election for the post of Muthavalli and other honorary post in the Wallajabath Sunnath Jamath Masjidh Wakf.

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

2. According to the petitioner, after the demise of Muthavalli, one Janab T.M.Mohammed Afsal. Secretary, started acting as Muthavalli of the Wallajabath Sunnath Jamath Masjidh Wakf, without any approval from the first and second respondents, which is against Wakf Rules and he is also indulging in illegal activities like misappropriation of funds etc. Hence, they made several representations last of which is dated 29.04.2014 to the first and second respondents requesting to conduct election to the said Wakf. Finding no response on the said representations, the petitioner has filed the present writ petition for the aforesaid relief.

3. Heard both sides and perused the materials available on record.

4. This Court is of the opinion that the prayer made in this writ petition does not survive at this length of time.

5. Hence, this writ petition stands disposed of, leaving it open to the petitioner to approach the authorities concerned afresh, if the same cause of action continues. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seedhakkadi Nagar, Mannadi, Chennai 600 001.

2.The Superintendent of Wakf, Thiruvallur /Kancheepuram District, Office at Big Mosque Campus, Poonamallee, Chennai W.P.No.17537 of 2014 PMK (CO) PR (10/08/2021) https://hcservices.ecourts.gov.in/hcservices/