M.A. Khader v. Tamil Nadu Wakf Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16655 of 2018 M.A.Khader ..

Petitioner Vs.

1.Tamil Nadu Wakf Board, rep by its Chief Executive Officer, Vallal Seethakkathi Nagar, Chennai - 600 001.

2.Superintendent of Wakfs, Tamil Nadu Wakf Board, 14-15, Mosque Buildings, Avinashi Road, Coimbatore - 18.

3.Vadakovai Ahlay Sunnath Jama-ath rep by its Secretary Haji M.I.Mohammed Ali, Sanganur Kabarasthan Masjid, 238, Mettupalayam Road, Coimbatore - 641 043.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 & 2 herein to forthwith conduct an election to elect new set of office bearers for the 3rd respondent's administration and management.

For Petitioner : Mr.A.S.Vijayaraghavan For Respondents: Mr.V.Lakshminarayanan, Standing Counsel (R1 & R2)

O R D E R

This Writ Petition has been filed by M.A.Khader, claiming to be a member of the 3rd respondent viz., Vadakovai Ahlay Sunnath Jama-ath, seeking a direction to the respondents 1 & 2 to forthwith conduct an election to elect a new set of office bearers for the 3rd respondent's administration and management. 2.When the matter was taken up for hearing, Mr.V.Lakshminarayanan, learned standing counsel for the respondents 1 & 2 fairly submitted that already election process has been initiated and within 3 to 4 months' time, the election will be conducted and the office bearers of the 3rd respondent would be elected.

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3.It is also further submitted that there are certain difficulties in holding free and fair election, as some objectors are creating problem. Therefore, the 2nd respondent may be given liberty to approach the jurisdictional police to get police protection for the purpose of conducting free and fair election, if need arises.

4.In view of the above facts, if required, the 2nd respondent shall approach the jurisdictional police for protection for conducting the election in free and fair manner. In the event of request for police protection by the 2nd respondent, the concerned police authorities shall provide with suitable protection for conducting free and fair elecion. 5.In the result, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To 1.Tamil Nadu Wakf Board, rep by its Chief Executive Officer, Vallal Seethakkathi Nagar, Chennai - 600 001.

2.Superintendent of Wakfs, Tamil Nadu Wakf Board, 14-15, Mosque Buildings, Avinashi Road, Coimbatore - 18.

+1cc to M/s.V.Raghavachari, Advocate SR.No.43471 +1cc to M/s.A.S.Vijayaraghavan, Advocate sR.No.43572 AK(CO) sm:18.7.2018 W.P.No.16655 of 2018 https://hcservices.ecourts.gov.in/hcservices/