Madras High CourtWP(MD)/6249/2022disposed of

Nurul Ameen .M v. The Tamil Nadu Wakf Board

2022-04-05Honourable Mr Justice C. Saravanan2 pages

W.P(MD).No.6249 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.6249 of 2022 M.Nurul Ameen ... Petitioner Vs.

1.The Tamilnadu Waqf Board, rep by its Chariman, No.1, Jaffer Syrong Street, Mannady, Chennai-1.

2.The Chief Executive Officer, Tamilnadu Waqf Board, No.1, Jaffer Syrong Street, Mannady, Chennai-1.

3.The Waqf Inspector, Tamilnadu Waqf Board, Thanjore Zone, Thivan Nagar, Court Road (Pallivasal Opposite) Thanjore, 4.Nazir Ahammed 5.Abdul Rasheed 6.Mohammed Igbal 7.Nazir Ahameed 8.T.Kuthbutheen ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 18.02.2022 before the appointment of office bearers of Baharsha Oli Thaikkal at Rajakiri, Papanasam Taluk, Thanjore District. For Petitioner : Mr.P.Muthusamy For R1 to R3 : Mr.K.K.Senthil

ORDER

There is a dispute between nine members who are appointed along with the Muthavalli on 29.11.2021. The nine members are appointed as Secretary, Treasurer and others and the three of the persons were left out. Under these circumstances, one of the person filed O.A.No.23 of 2022, before the Waqf Tribunal to not to recognise the internal election within the body.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.6249 of 2022 2.The petitioner is one of the three persons who filed this writ petition for a writ of Mandamus to consider the petitioner's representation dated 18.02.2022.

3.Considering the fact that there is a dispute between the members who are appointed on 29.11.2021 and on account of the election held appointing one of them as Secretary and Treasurer and since O.A.No.23 of 2022, pending before the Waqf Tribunal, I am inclined to dispose this writ petition by directing the petitioner to implead himself in O.A.No.23 of 2022 or file a separate petition before the Waqf Tribunal within thirty days from the date of receipt of copy of this order in which case the Waqf Tribunal shall consider such appeal/application and dispose it along with O.A.No.23 of 2022. No costs.

Sd/- Assistant Registrar (PROTOCOL) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Chariman, The Tamilnadu Waqf Board, No.1, Jaffer Syrong Street, Mannady, Chennai-1.

2.The Chief Executive Officer, Tamilnadu Waqf Board, No.1, Jaffer Syrong Street, Mannady, Chennai-1.

3.The Waqf Inspector, Tamilnadu Waqf Board, Thanjore Zone, Thivan Nagar, Court Road (Pallivasal Opposite) Thanjore.

4.The Waqf Tribunal, Chennai.

+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-16770[F] dated 06/04/2022 ) +1 CC to M/s.P.MUTHUSAMY, Advocate ( SR-17059[F] dated 07/04/2022 ) W.P(MD).No.6249 of 2022 05.04.2022 https://hcservices.ecourts.gov.in/hcservices/ RS(21.04.2022) 2P-7C 2/2