Y.Taj v. The Tamil Nadu Wakf Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Y.Taj
...Petitioner
Vs.
1.
The Tamil Nadu Wakf Board, Rep. by its Chairman, Vallal Seethakkathi Nagar, 2.
The Chief Executive Officer (Wakf Board), Vallal Seethakkadi Nagar, 3.
The Superintendent of Waqfs, Poonamallee Zone, Office of the Superintendent of Waqfs, No.139, Dr.Besant Road, Ice House, Triplicane, Chennai - 600 005.
4.
Thangal Gudubi Jumma Mosque, Managing Committee, Rep. by its President S.Meeran, Son of A.S.K.Shahul Hameed, No.1063, T.H.Road, Thangal, Thiruvottiyur, Chennai - 600 019.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to 1/6
issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner representation dated 29.07.2024, for conducting a free and fair election by secret ballot sheet papers and elect the office bears for manage the Thangal Gudubi Jumma Mosque & Wakf situated at No.1063, T.H.Road, Thangal, Thiruvottiyur, Chennai - 600 019, within a time frame. For Petitioner : M/s.C.Iyyappa Raj For Respondents : Mr.N.Swathi Riya Raj for R1 to 3
ORDER
This writ petition has been filed seeking to direct the 1st and 2nd respondents to consider the petitioner representation dated 29.07.2024, for conducting a free and fair election by secret ballot sheet papers and elect office bearers to manage the Thangal Gudubi Jumma Mosque & Wakf situated at No.1063, T.H.Road, Thangal, Thiruvottiyur, Chennai - 600 019.
2. Since no adverse order has been passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3. It is the case of the petitioner that the petitioner is the member of 2/6
the Thangal Gudubi Waqf Jumma Mosque / fourth respondent Mosque. As, one Meeran was appointed as the present Muthavalli / Committee President of the fourth respondent Wakf without conducting any election, the petitioner has made several representations before the respondents 1 to 3 and the last of which on 29.07.2024, seeking to conduct free and fair election to the fourth respondent Mosque. However, the same was not considered. Hence, the present writ petition has been filed seeking the aforesaid relief.
4. Though very many grounds have been raised in the present writ petition, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents 1 and 2 to consider the petitioner's representation dated 29.07.2024 and pass appropriate orders within the time frame that may be stipulated by this Court.
5. Heard the learned counsel appearing for the respondents 1 to 3 and perused the materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the respondents 1 and 2 to 3/6
consider the petitioner's representation dated 29.07.2024 and pass appropriate orders on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above directions and observation, this writ petition is disposed of. No costs.
03.10.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Tamil Nadu Wakf Board, Rep. by its Chairman, Vallal Seethakkathi Nagar, 4/6
2.
The Chief Executive Officer (Wakf Board), Vallal Seethakkadi Nagar, 3.
The Superintendent of Waqfs, Poonamallee Zone, Office of the Superintendent of Waqfs, No.139, Dr.Besant Road, Ice House, Triplicane, Chennai - 600 005.
M.DHANDAPANI , J.
rap 5/6
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