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Madras High CourtWP/29524/2018disposed of

S.Farok Hussain v. The Chief Executive Officer

2018-11-09Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.29524 of 2018 S.Farook Hussain .. Petitioner Vs.

The Chief Executive Officer, Tamilnadu Wakf Board, Jafar Saran Street, Chennai - 600 001.

.. Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 13.10.2018 for inclusion of residents of i) 10th to 27th Street of G.K.M.Colony, ii) Kambar Nagar and iii) some parts of Kolathur in the Voters List relating to election for Managing Committee of the Masjid-De-Huda, Periyar Nagar, Chennai - 600 082 and to subsequently conduct Election for the Managing Committee of the Mosque.

For Petitioner : Mr.R.Venkatraman For Respondent : Mr.Mohammed Fayaz Ali

O R D E R

The petitioner has filed this Writ Petition seeking a direction to the respondent to consider his representation dated 13.10.2018 for inclusion of residents of i) 10th to 27th Street of G.K.M.Colony, ii) Kambar Nagar and iii) some parts of Kolathur in the Voters List relating to election for Managing Committee of the Masjid-De-Huda, Periyar Nagar, Chennai - 600 082 and to subsequently conduct Election for the Managing Committee of the Mosque.

2. Though it is stated in paragraph 7 of the affidavit https://hcservices.ecourts.gov.in/hcservices/

filed in support of the petition that the respondent had issued a notice dated 09.08.2018 in the Mosque premises and released a draft Voters List dated 16.08.2018 and called upon the voters to provide their suggestion for inclusion and deletion of names of the voters on or before 24.08.2018. The petitioner has given various representations including the ones dated 08.09.2018 and 13.10.2018. The respondent-Wakf Board itself is interested in election and inclusion of names of the voters and it is only the time which has to be extended now.

3.

This Court is of the view that as the election is not yet over and the election would not in any way prejudice both the parties, a mandamus is issued to the respondent-Wakf Board to consider the petitioner's representation dated 13.10.2018 within a period of two weeks from the date of receipt of copy of this order, however, before fixing the date of election. 4.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar Srn/av To The Chief Executive Officer, Tamilnadu Wakf Board, Jafar Saran Street, Chennai - 600 001.

+2cc to Mr.R.Venkataraman, Advocate SR.No.77117,76707 W.P.No.29524 of 2018 VD (CO) GMY(29/11/2018) https://hcservices.ecourts.gov.in/hcservices/