Sultan Jamiya Masjid Trust Board, v. The Tamil Nadu Wakf Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 32617 of 2019 and W.M.P. Nos. 33000 and 33003 of 2019 Sultan Jamiya Masjid Trust Board, Rep. by its Mutawalli/Trustee, A.R. Inayathulla, Pudupet Post - 636 141, Attur Taluk, Salem District.
... Petitioner -vs1. The Tamil Nadu Wakf Board, Rep. by its Chairman, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3. The Superintendent of Wakf, Office of the Superintendent of Wakf, No. 4A & 5A, Tipu Sultan Commercial Complex, 1st Agaharam, Salem - 636 001.
4. The Wakf Inspector, Office of the Superintendent of Wakf, No. 4A & 5A, Tipu Sultan Commercial Complex, 1st Agaharam, Salem - 636 001.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to Notice bearing Na. Ka. G.S. No. 16/VaAa/ Se/2019 dated 04.11.2019 on the file of the Fourth Respondent and to quash the same and consequently, direct the Respondents to act in accordance with the rules
framed under the Scheme Decree made made in O.S. No. 205 of 1953 on the file of the Sub Court, Salem in respect of the affairs of the Petitioner Masjid Trust Board.
For Petitioner : Mr. R. Nandhakumar For Respondents: Mr. S. Haja Mohideen Gisthi
O R D E R
Heard Mr. R. Nandhakumar, Learned Counsel for the Petitioner and Mr. S. Haja Mohideen Gisthi, Learned Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.
Mr. S. Haja Mohideen Gisthi, Learned Counsel appearing for the Respondents, on instructions, states that the Second Respondent by letter dated 20.11.2019 informed the Fourth Respondent that it would not be appropriate to conduct election in the manner that would be contrary to the scheme rules framed by the Sub-Court, Salem in O.S. No. 205 of 1953 and resultantly, the election scheduled in the meeting of the General Body proposed to be held on 22.11.2019 in respect of the Sulthan Jamia Pallivasal, Attur, Salem District, has been postponed and he has filed a memo to that effect.
3..
Recording the aforesaid subsequent events, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar vjt To
1. The Chairman, Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3. The Superintendent of Wakf, Office of the Superintendent of Wakf, No. 4A & 5A, Tipu Sultan Commercial Complex, 1st Agaharam, Salem - 636 001.
4. The Wakf Inspector, Office of the Superintendent of Wakf, No. 4A & 5A, Tipu Sultan Commercial Complex, 1st Agaharam, Salem - 636 001.
+1 CC to Mr.B. Nandhakumar, Advocate sr 96967 +1 CC to Mr.S.Haja Mohideen Gisthi, Advocate sr 97391. W.P. No. 32617 of 2019 BP(CO) SP(06/12/2019)