K.Mohammed Riyaz v. West Masi Street Chinna Pallivasal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.7547 of 2025 K.Mohammed Riyaz ... Appellant / 3rd party Vs.

1.West Masi Street Chinna Pallivasal, No.86, West Masi Street, Madurai, Through its Managing Trustee.

... 1st Respondent / Review Petitioner / 2nd Respondent 2.A.Aftab Ahamed ... 2nd Respondent / 1st Respondent / Writ Petitioner 3.The Tamil Nadu Waqf Board, Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

... 3rd Respondent / 2nd Respondent / 1st Respondent 4.S.Syed Munaf ... 4th Respondent / 3rd Respondent 1/4

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed by this Court in Rev.Aplw(MD)No.211 of 2024 in W.P(MD)No. 207 of 2024 dated 10.01.2025.

For Appellant : Mr.T.Lajapathi Roy Senior Counsel for M/s.Roy and Roy Associates For Respondents : Mr.S.A.Ajmalkhan for R.3 Mr.S.Anwar Sameem Advocate Commissioner

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J) Heard both sides.

2.This Writ Appeal is directed against the order dated 10.01.2025 disposing of Rev.Aplw(MD)No.211 of 2024 in W.P(MD)No.207 of 2024. The said Writ Petition was filed by one A.Aftab Ahmed seeking a direction for holding an election to elect the office bearers of Masi Vidi Chinna Pallivasal Sunni Wakf. The learned single Judge had appointed two Advocate Commissioners to conduct the election.

3.The learned senior counsel appearing for the third party appellant would point out that the voters list must be finalised by bearing in mind the 2/4

scheme decree made in O.S.No.120 of 1920 on the file of I Additional Sub Court, Madurai. We notice that an amendment was made in I.A.No.1098 of 2011. Clause 2 of the amended decree reads as follows: "2) The Jamathars of Pallivasal shall be residents of Pallivasal lane, Kannadikara lane, Thulukkar, Athamsha Sahib lane, Mohamamden lane @ Town Hall Road, Mandaiyar Asari lane."

4.Any muslim residing in the aforesaid 6 lanes will form the electoral college. 10.01.2025 shall be the cut off date. In other words, any person who is residing as on date with effect from 10.01.2025 can be enrolled as a voter. There is no serious contest regarding the other directions issued by the learned single Judge.

5.With the aforesaid clarification, this Writ Appeal is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [K.R.S., J.] 02.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/4

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA To 1.The Managing Trustee, West Masi Street Chinna Pallivasal, No.86, West Masi Street, Madurai.

3.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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