Al Masjid Thaqwa Sunnath Wal Jamath (Hanafi) v. The Tamil Nadu Waqf Board
W.P.(MD)No.11120 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11120 of 2020 and W.M.P.(MD)No.9738 of 2020 Al Masjid Thaqwa Sunnath Wal Jamath (Hanafi) Mosque Waqf, Rep. by its Vice President V.P.Mohamed Sherif, S/o.V.K.Pakkir Mohamed, Keelatheru, Rajagiri, Thanjavur - 614 207.
... Petitioner Vs.
1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Tamil Nadu Waqf Board, Rep. by its Superintendent, Thanjavur District.
3. N.M.Haleelur Rahman
4. A.M.Nazeer Mohamed 5.N.M.Abdul Kareem ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to conduct election at the Al Masjid Thaqwa Sunnath Wal Jamath (Hanafi) Mosque Waqf, within the time stipulated by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.Mohideen Basha for R1 & R2
O R D E R
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents 1 and 2. 2.The petitioner is a member of a local jamath. He wants election to be conducted for the said jamath. While the learned counsel appearing for the petitioner would state that the tenure of the committee earlier elected got over on 31.08.2020, the learned standing counsel states that Waqf Board has not formally recognized the previous election. I am of the view that there is no necessity https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.11120 of 2020 to go into the controversy at present. All that the petitioner wants is holding of election under the supervision of the Waqf Board. The Waqf Board states that they can conclude the entire exercise of holding the election within a period of five months. Though the period given by this Court may appear to be a little long, this Court must be realistic and take note of the fact that the we are in Covid-19 times. Therefore, the respondents 1 and 2 are directed to ensure that the election for the petition mentioned jamath is concluded within a period of five months from the date of receipt of a copy of this order.
3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To
1. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2.The Superintendent, Tamil Nadu Waqf Board, Thanjavur District.
W.P.(MD)No.11120 of 2020 08.09.2020 VB (16.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2