T.Muhammed Fayaz, v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.179 of 2014 & M.P.No.1 of 2014 T.Muhammed Fayaz

...Petitioner

.vs.

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

2. The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1 Jaffer Serang Street, Vallal Seethakadhi Nagar, Chennai-1.

3. A.Mahmood Election Officer/ Superintendent of Wakfs Nawab Sadathullah Khan Masjid Wakf, No.822, Anna Salai, Mecca Masjid Complex, Chennai-2.

4. H.Ghouse Basha

5. S.J.Wahab Khan

6. P.K.Farooq

7. P.K.Owlia Mohideen

8. S.M.Mohammed Hanif Baqvi

9. P.Sheik Mohideen

10. A.Shafee Ahmed

11. S.Iqbal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the 1st respondent to conduct election for Nawab Sadathullah Khan Masjid Wakf Chennai to constitute a Management Committee within the time stipulated by this Honourable Court in accordance with the Special Resolution No.9/08 dated 23.7.2008 of the 1st respondent Wakf Board by being Uninfluenced by the

election dated 30.6.2013 conducted by the 3rd respondent without jurisdiction.

For Petitioner : No appearance For R1 : Mr.Hajamohideen Gisthi For R2 : Ms.R.Priya For Mr.V.Raghavachari For RR3 to 11 : Served - No appearance

ORDER

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The writ petition has been filed seeking a mandamus directing the first respondent to conduct election for Nawab Sadathullah Khan Masjid Wakf Chennai to constitute a Management Committee within the time stipulated by this Honourable Court in accordance with the Special Resolution No.9/08 dated 23.07.2008.

3. The learned counsel appearing for the second respondent, who also represents the first respondent, states that the election was already conducted on 28.02.2014, and there is nothing survives in the writ petition to be decided.

4. Though the said election was valid for a period of three years, the learned counsel further states that the elected members continue to hold office and they will continue till the next election is conducted.

5. As the petitioner's counsel has been absent during the last occasion and for this hearing also, recording the statement made by the learned counsel for the second respondent, the writ petition is dismissed for non prosecution. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar

To The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Serang Street, Vallal Seethakadhi Nagar, Chennai-1.

+1cc to Mr.V.Raghavachari, Advocate, Sr.No.32378 W.P.No.179 of 2014 & M.P.No.1 of 2014 sv (co) rr ii (27/11/2020)