A. Abdul Jabbar v. R.Jainulapheen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY CONT. P(MD)No.36 of 2024 in W.P(MD)No.20291 of 2023 and SUB.A(MD)No.242 of 2024 A. Abdul Jabbar ... Petitioner vs.
1. R.Jainulapheen, The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Sirank Street, Valla Seethakathi Nagar, Chennai- 600 002.
2. T. Thariq, The Superintendent, Tamil Nadu Wakf Board, Madurai Zone, No.1,Town Hall Road Pallivasal, Madurai.
3. Syed Bashathullah, The Inspector, Tamil Nadu Wakf Board, No.1, Town Hall Road, Pallivasal, Madurai.
... Respondents 1/4
PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to pass an order to punish the above Contemnors/Respondents for their act of Contempt of the non compliance of the order passed by this Court order, dated 31.08.2023 made in W.P.(MD). No. 20291 of 2023. For Petitioner : M/s.S.Balaji Nivas For Respondents : Mr.P.T.Thiraviyam Government Advocate
O R D E R
By Order, 23.08.2024 dated this Court had issued Statutory Notice to the respondents. The respondents have filed SUB.A(MD)No.242 of 2024 and prayed to recall the order, dated 03.09.2024. It is stated in the affidavit that they could not conduct election due to Ramjan festival. Thereafter, the Chairman has resigned. Accepting the reasons, the appearance of the Contemnors is dispensed. However, it is brought to the knowledge of this Court that the WAKF Board has already passed an order, dated 20.05.2024 stating that as per Order passed in W.P(MD)No.13964 of 2020 and its Batch, dated 19.04.2023, the WAKF Board is not having power to conduct election to any WAKF. Therefore, they could not conduct any election. It is seen that this Court has only directed the respondents to consider and pass orders.
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2. Since the Contemnors had passed orders there is no willful disobedience and there is no contempt.
3. Accordingly, this Contempt Petition stands dismissed. Consequently, Sub Application is also closed. Index : Yes / No 19.09.2024 Internet : Yes KSA To
1. R.Jainulapheen, The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Sirank Street, Valla Seethakathi Nagar, Chennai- 600 002.
2. T. Thariq, The Superintendent, Tamil Nadu Wakf Board, Madurai Zone, No.1,Town Hall Road Pallivasal, Madurai.
3. Syed Bashathullah, The Inspector, Tamil Nadu Wakf Board, No.1, Town Hall Road, Pallivasal, Madurai.
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S.SRIMATHY, J KSA Order made in 19.09.2024 4/4