A.Kaleel Ahamed Hussain v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25826 of 2018 A.Kaleel Ahamed Hussain .. Petitioner Vs

1. The Chief Executive Officer Tamilnadu Wakf Board No.1, Jaffer Sarang Street Vallal Seethakadhi Nagar Chennai-600 001

2. The Superintendent of Wakfs Tamilnadu Wakf Board No.12, Kilothar Street, Trichy-2

3. The Inspector of Wakfs Perambalur, Perambalur District .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to conduct the elections to the post of Muthavalli and other committee members for the management of the "Jahir Asar Maqboora Wakf" of Valigandapuram Village, Veppanthattai Taluk, Perambalur District.

For Petitioner : Mr.S.Kamadevan For Respondents : Mr.Lakshmi Narayanan

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the respondents to conduct the elections to the post of Muthavalli and other committee members for the

management of the "Jahir Asar Maqboora Wakf" of Valigandapuram Village, Veppanthattai Taluk, Perambalur District. 3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 05.12.2017 claiming the same relief as prayed in this writ petition, but, the same is yet to be disposed of by the respondents. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the respondents, on merits.

4.Mr.Lakshmi Narayanan, learned Standing Counsel taking notice for the respondents, submitted that the representation of the petitioner for conducting election would be considered, on merits, after conducting proper enquiry.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 05.12.2017, after conducting proper enquiry and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To

1. The Chief Executive Officer Tamilnadu Wakf Board No.1, Jaffer Sarang Street Vallal Seethakadhi Nagar Chennai-600 001

2. The Superintendent of Wakfs Tamilnadu Wakf Board No.12, Kilothar Street, Trichy-2

3. The Inspector of Wakfs Perambalur Perambalur District +1cc to Mr.S.Kamadevan, Advocate, S.R.No.68205 +1cc to Mr.Lakshmi Narayanan, Advocate, S.R.No.68389 W.P.No.25826 of 2018 KJI(CO) CS/26/10/2018