Syed Abuthahir.M v. The Chief Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Syed Abuthahir ... Petitioner versus
1. The Chief Executive Officer, Tamil Nadu Waqf Board, Chennai - 600 001.
2. The Waqf Superintendent, Waqf Superintendent Office, No.1, Town Hall Road, Jamath Pallivasal 2nd Floor, Madurai - 625 001.
3. The Waqf Inspector, Theni, C/o.Waqf Superintendent Office, No.1, Town Hall Road, Jamath Pallivasal 2nd Floor, Madurai - 625 001.
4. The Senior Accounts Officer, Tamil Nadu Waqf Board, Chennai - 600 001.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1/5
respondents 2 to 4 to implement the order dated 25.09.2023 passed by the Chief Executive Officer, Tamil Nadu Waqf Board, Chennai. For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.K.Jeyamohan Standing Counsel
ORDER
The petitioner is a resident of Devadhanapatti. He claims that there are two mosques at Devadhanapatti and the election for those mosques were conducted in the year 2013 for a period of three years and after 2016, the election was not conducted. With this averment, the petitioner has approached the first respondent and submitted a representation dated 16.11.2019. The first respondent/Chief Executive Officer, Tamil Nadu Waqf Board, by his proceedings No. 15579/09/B8/Theni, dated 29.05.2023, has disposed of the petitioner's representation dated 16.11.2019 and ordered to conduct election by secret ballot system to constitute new management committee for those jamaths, within a period of two months. The first respondent has also appointed the Superintendent of Waqf, Madurai, as an Election Officer. 2/5
However, the order of the first respondent has not been effected. Therefore, the petitioner has filed this writ petition.
2. Mr.K.Jeyamohan, learned Standing Counsel takes notice for the respondents and submits that as per the order of the first respondent/the Chief Executive Officer, the process of conducting election has commenced and they have also finalized the voters' list. He further submits that there is a delay in collecting the voters' list and in view of the Ramzan period, they are not in a position to conduct the election. He also submits that the election would be conducted immediately after the Ramzan period.
3. Recording the submissions of the learned counsel for the respondents, this writ petition is closed. No costs. 11.03.2024 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
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To
1. The Chief Executive Officer, Tamil Nadu Waqf Board, Chennai - 600 001.
2. The Waqf Superintendent, Waqf Superintendent Office, No.1, Town Hall Road, Jamath Pallivasal 2nd Floor, Madurai - 625 001.
3. The Waqf Inspector, Theni, C/o.Waqf Superintendent Office, No.1, Town Hall Road, Jamath Pallivasal 2nd Floor, Madurai - 625 001.
4. The Senior Accounts Officer, Tamil Nadu Waqf Board, Chennai - 600 001.
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B.PUGALENDHI, J.
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