Aftab Ahmed A v. The Tamil Nadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Aftab Ahmed ... Petitioner Vs

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Setthakathi Nagar, Chennai - 600 001.

2. Chinna Pallivasal Waqf, Rep. by its President, West Masi Street, Madurai - 625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to conduct an executive committee meeting to elect office bearers as per amended scheme decree in I.A.No.1098/2011 in O.S.No.120/1920 on the file of the 1st Additional Subordinate Judge, Madurai for the Chinna Pallivasal Waqf within a stipulated time. 1/5

For Petitioner : M/s.A.Ajimath Begum For Respondents : Mr.R.Baskaran, Senior Counsel for R.B.Law Associates

O R D E R

The petitioner is a member of West Masi Street Chinna Pallivasal Muslim Dhakni Jamath. The case of the petitioner is that the Scheme was framed in the year 1920 in O.S.No.120 of 1920 by the I Additional Sub Court, Madurai, which has also been amended in I.A.No. 1098 of 2011, dated 10.06.2013. As per the amended Scheme decree, the management of the said Jamath vest with the committee consisting of 16 executive members, who shall be elected unanimously from the Jamathars of the Jamath. However, no election has been conducted for the past 10 years and therefore, the petitioner has filed this writ petition for a Mandamus, directing the first respondent to convene an Executive Committee meeting and to conduct election in the Jamath.

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2.The learned senior counsel appearing for the respondent Corporation submits that they undertake to convene a meeting inviting committee members as well as the previous Committee members and the election would be announced within a period of eight weeks from the date of receipt of a copy of this order. 3.Recording the submission made on behalf of the Tamil Nadu Waqf Board, this writ petition is disposed of with a direction to the first respondent to convene a meeting, decide the date of election and conduct the election as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. The Board shall also ensure the election is properly conducted in a free and fair manner as per the scheme decree. No costs.

12.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Setthakathi Nagar, Chennai - 600 001.

2. Chinna Pallivasal Waqf, Rep. by its President, West Masi Street, Madurai - 625 001.

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B.PUGALENDHI, J.

vrn Order made in 12.01.2024 5/5