Madras High CourtWP(MD)/6029/2015disposed of

M.M.S. Syed Mohammed, v. The Chief Executive Officer,

2015-04-20Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.04.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.6029 of 2015 and M.P.(MD).No.1 of 2015 M.M.S.Syed mohammed ... Petitioner Vs 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Jaffar Sirang Road, Chennai-1.

2.The Election Officer/ Superintendent of Wakf, 27,Diwan Nagar, Court Road, Thanjavur District.

3.M.K.S.Allah Pitchai 4.M.K.S.Sahul Hameed 5.R.M.H.Mohammed Maideen 6.D.Mohammed Jailani 7.A.Noorul Islam 8.J.Jainudeen 9.K.Sheik Jalaudeen ... Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents 1 & 2 to annul the election held on 12.04.2015 for the selection of 12 administrative members for the Mohideen Andavar Pallivasal @ Jumma Pallivasal, Mallippattinam, Pattukkottai Taluk, Thanjavur District and direct them to order a fresh election by issuing fresh notification for the above pallivasal.

For petitioner : Mr.V.Sankaranarayanan For R.1&2 : Mr.K.K.Senthil Standing Counsel

ORDER

Though the petitioner has sought for a larger relief in this Writ Petition, he seeks liberty of this Court to agitate the issue involved in this Writ Petition before the Wakf Tribunal in view of the judgment of a Division Bench of this Court reported in 2011 (1) CTC 636, Board of Wakf, West Bengal and another Vs. Anis Fatma Begum and another.

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2. In view of the above, the petitioner is permitted to file an appeal before the Wakf Tribunal within a period of three weeks from the date of receipt of a copy of this order. On such presentation of the appeal, the Tribunal is directed to consider the appeal and afford an opportunity of hearing to the petitioner as well as the other private parties and pass appropriate orders, within a period of eight weeks, thereafter.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar ssm To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Jaffar Sirang Road, Chennai-1.

2.The Election Officer/ Superintendent of Wakf, 27,Diwan Nagar, Court Road, Thanjavur District.

+1cc to MR.K.K.SENTHIL, ADVOCATE IN SR NO.20010 W.P(MD).No.6029 of 2015 20.04.2015 rg.06.05.2015 2p.4c.

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