Khurasani Peer Masjid & v. The Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.27596 of 2016 and W.M.P.Nos.23776 & 23777 of 2016 and W.P.No.20 of 2017 and W.M.P.Nos.16, 17, 6204, 6205 & 7027 of 2017 Khurasani Peer Masjid & Dharga Wakf committee represented by its President Old No.54, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

... Petitioner in both W.Ps Vs.

1.The Tamil Nadu Wakf Board, represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

... 1st Respondent in both W.Ps 2.The Election Officer/ Superintendent of Wakfs, Chennai Zone, No.822, Anna Salai, Chennai - 600 002.

3.S.Amir Jowher 4.S.Mohammed Yusuf ... Respondents 2 to 4 in W.P.27596/2016 (R3 & R4 impleaded vide order dated 07.03.2017 in W.M.P.No.22915/2016 in W.P.No.27596/2016) 2.The Election Officer/Superintendent of Wakfs, Khurasani Peer Dharga and Masjid, No.139, Dr.Beasant Road, Ice House, Chennai - 600 005.

... 2nd Respondent in W.P.20/2017

W.P.No.27596 of 2016 filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 2nd respondent in his notice dated 28.07.2016 calling for inclusion and deletion if any in the voter list before 04.08.2016 and quash the same and direct the respondents to consider the representation dated 16.09.2015 made by the petitioner and consequently conduct the elections to the petitioner Wakf Committee after preparation of the voter list based on the representation of the petitioner Wakf Committee and also based on the resolution No.146/15 dated 13.01.2015 of the Board to frame the Scheme of the Management of the Wakf and its approval after constitution of the new Board.

W.P.No.20 of 2017 filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 2nd respondent in his notice dated 26.12.2016 containing Election Schedule and quash the same and direct the respondents to conduct the elections to the petitioner Wakf Committee only after framing the Scheme of the Management as contemplated in the unanimous resolution No.146/15 of the T.N. Wakf Board vide their order Na.Ka.No.12714/10/A5/ Chennai dated 13.11.2015 and its approval after constitution of the new Board. For Petitioner (in both W.Ps) : Mr.A.Govindasamy For Respondents (in both W.Ps) : Mrs.Sripriya for Mr.V.Lakshminarayanan (R1) C O M M O N O R D E R The learned counsel appearing for the petitioner submitted that the petitioner would approach the Board, challenging the election conducted on 21.01.2017 and in view of the same, the Writ Petitions may be closed.

2.Recording the submission made by the learned counsel for the petitioner, the Writ Petitions stand closed. No costs. Consequently, the connected miscellaneous petitions are closed. Index : No 18.08.2017 Internet : Yes va

M.DURAISWAMY, J.

va W.P.No.27596 of 2016 and W.M.P.Nos.23776 & 23777 of 2016 and W.P.No.20 of 2017 and W.M.P.Nos.16, 17, 6204, 6205 & 7027 of 2017 18.08.2017