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Madras High CourtCRP(MD)/1249/2016closed

Ahamed Khan, v. Islamic Cultural Society,

2018-08-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).Nos.1249 & 1250 of 2016 and C.M.P.(MD)Nos.6012 & 6013 of 2016 C.R.P.(MD)No.1249 of 2016

1. Ahamed Khan

2. Abdul Salam

3. M.N.K.Nasar ... Petitioners/Respondents/ Defendants Vs.

1. Islamic Cultural Society, through its representatives, Plaintiffs 2 to 4, Office at: N.M.C.No.31, College Road, Tower Junction, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

...1st Respondent/1st Appellant/ 1st Plaintiff

2. V.Umar Ali, S/o.A.Vousy, President, Islamic Cultural Society, Office at: N.M.C.No.31, College Road, Tower Junction, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

3. R.Mohamed Rafeek, S/o.Rahman Sha, Secretary, Islamic Cultural Society, Office at: N.M.C.No.31, College Road, Tower Junction, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

4. M.Syed Mohamed, S/o.K.Moosa, Treasurer, Islamic Cultural Society, Office at: N.M.C.No.31, College Road, Tower Junction, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District. ... Respondents 2 to 4/Petitioners 2 to 4/ Plaintiffs 2 to 4 PRAYER : Civil Revision Petition is filed under Section 83(9) Proviso of Wakf Act, 1995, to allow this Civil Revision petition as prayed for and to set aside the fair order and decreetal order dated 25.11.2015 made in I.A.No.681 of 2014 in W.T.O.S.No.3 of 2014 on the file of the Principal Sub Court, Nagercoil.

C.R.P.(MD)No.1250 of 2016 Islamic Cultural Association (Wakf), Nagercoil, represented by its Secretary (Incharge), Abdul Salam, S/o.Mohamed Saali, Office at:- No.3, W.C.C.Road, Nagercoil and Village, Agateeswaram Taluk, Kanyakumari District. ... Petitioner/Petitioner/Plaintiff Vs.

1. Towfeeq

2. Sirajudeen

3. Sheik Syed Ali

4. Ayub

5. Abu

6. Mohamed Rafeek

7. Sowkath Ali ... Respondents/Defendants

PRAYER : Civil Revision Petition is filed under Section 83(9) Proviso of Wakf Act, 1995, to allow this Civil Revision petition as prayed for and to set aside the fair order and decreetal order dated 25.11.2015 made in I.A.No.690 of 2014 in W.T.O.S.No.4 of 2014 on the file of the learned Principal Sub Court, Nagercoil. (in both petitions) For Petitioners : Mr.A.Arumugam, For R-2 in C.R.P.(MD) No.1249 of 2016 For R-6 in C.R.P.(MD) No.1250 of 2016 : Mr.C.T.Perumal For Wakf Board : Mr.K.K.Senthil

O R D E R

O.S.No.3 of 2014 was filed by the Islamic Cultural Association represented by V.Umar Ali, R.Mohammed Rafeek and M.Syed Mohammed against one Ahmed Khan and three others. In the said suit, I.A.No.681 of 2014 was filed claiming the relief of injunction. The same was allowed by order dated 25.11.2015. Questioning the correctness of the said order, C.R.P.(MD)No.1249 of 2016 has been filed.

2. O.S.No.4 of 2014 was filed by the Islamic Cultural Association represented by M.Abdul Salam against one Thowfeek and seven others. In the said suit, I.A.No.690 of 2014 was filed seeking injunction. The said application was dismissed by the Court below by order dated 25.11.2015. Questioning the said order, the Civil Revision petition has been filed.

3. When the matter was taken up for hearing, it was submitted by the learned counsel on either side including the learned Standing Counsel for Wakf Board that the said Islamic Cultural Association is a Wakf and that the direct management of the said Wakf has been assumed by the Wakf Board on 12.01.2016. Therefore, this Court is of the view that nothing survives for adjudication in these two Civil Revision petitions.

4. Before the Court below, the rival groups wanted control over the Management. But now, the management is with the Wakf Board. Therefore, it is for the Wakf Board to hold elections. Even while closing the Civil Revision petitions as infructuous, this Court directs the Tamil Nadu Wakf Board to hold the elections for Islamic

Cultural Association in accordance with law within a period of six months from the date of receipt of a copy of this order.

5. With these observations, the Civil Revision petitions stand closed as infructuous. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-IV) To

1. The Principal Subordinate Judge, Nagercoil.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES)

3. The Chief Executive Officer, Tamil Nadu WAQF Board, Chennai.-1.

No.1, Iaffar Syrang Street, vallal seethakathi nagar.

+1 CC To MR.A.ARUMUGAM, Advocate SR. NO.80798 +1 CC To MR.C.T.PERUMAL, Advocate SR. NO. 80862 C.R.P.(MD).Nos.1249 & 1250 of 2016 and C.M.P.(MD)Nos.6012 & 6013 of 2016 28.08.2018 PMU TR/RSK/SAR-IV(05.10.2018)4P 7C