Mohamed Sait, v. The Tamilnadu Wakf Board,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 07.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4743 of 2018 Mohamed Sait ... Petitioner Vs.

1.The Tamil Nadu Wakf Board, Rep. by its Chief Secretary, No.1, Jaffer Syrang Street, Vallal Seethakadhi Street, Chennai-1.

2.The Wakf Superintendent, The Tamil Nadu Wakf Board, No.12, Kiledar Street, Trichy.

...Respondents

Prayer:Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent No.2 to comply the order passed by this Court in W.P.(MD)No.3428 of 2017, dated 28.02.2017 within a time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.K.K.Senthil Standing Counsel

ORDER

The writ petition has been filed seeking a direction to the second respondent to comply with the earlier order passed by this Court in W.P.(MD)No.3428 of 2017 dated 28.02.2017. 2.The grievance of the petitioner is that he is the member of one Al Majithul Noor Pallivasal @ Ponnamaravathy Pallivasal. Now it is in control of the respondents herein. Election to the above Pallivasal has not been conducted properly. Hence, the petitioner filed a writ petition before this Court in W.P.(MD)No.3428 of 2017 for conducting election. This Court by an order dated 28.02.2017 disposed of the above writ petition recording the statement of the respondent that after following all the procedural formalities election will be conducted to the above said Pallivasal within a period of four months. Despite the order passed by this Court, no action has been taken to conduct the election. Hence, the present Writ Petition has been filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the respondents submitted that already the election process has been started and the draft voters list was also published, but in the mean time challenging the list some third parties have filed a writ petition before this Court and the writ petition was also dismissed. In view of the above, the respondent was not in a position to proceed further with the election process.

4.Now, on instructions, the leaned counsel for the respondent submitted that for the draft electoral list, objections were called for and on receiving such objections they would finalise the voters list thereafter, they will conduct the election as expeditiously as possible.

5.Considering the fact that the matter is pending with the second respondent for nearly one year, the second respondent is directed to complete the election within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar +One cc to Mr.D.S.Haroon Rasheed , Advocate, SR.No.53448 +One cc to Mr.K.K.Senthil, Advocate, SR.No.53987 ta RL/3C/2p/CVC/SAR1/3/4/2018 W.P.(MD)No.4743 of 2018 07.03.2018 https://hcservices.ecourts.gov.in/hcservices/