Madras High CourtWP(MD)/1310/2019disposed of

Nagal Nagar Jumma Pallivasal v. Tamil Nadu Wakf Board

2020-10-08Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.1310 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.1310 of 2019 Nagal Nagar Jumma Pallivasal and Junction Pallivasal, represented by its Secretary, A.K.Allaudeen, Nagal Nagar, Dindiugl.

: Petitioner Vs.

Tamil Nadu Wakf Board, represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakadi Nagar, Chennai.

: Respondent RAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to extend the tenure of the Administrative Committee of the petitioner by considering the representation of the petitioner, dated 11.09.2018 within a stipulated time.

For Petitioner :Mr.K.K.Senthil For Respondent :Mr.T.S.Mohammed Mohideen ****

ORDER

This Writ Petition has been filed for a Mandamus, seeking for a direction from the respondent to extend the tenure of the Administrative Committee of the petitioner by considering the petitioner's representation, dated 11.09.2018. 2.Heard Mr.K.K.Senthil, learned Counsel appearing for the petitioner and Mr.Mohammed Mohideen, learned Counsel appearing for the respondent.

3.According the petitioner, the Administrative Committee for the management of the petitioner was approved by the respondent on 02.08.2014 for a period of three years by lifting order of direct management. Further, it is contended by the petitioner that sanction was granted for demolition and re-construction of Mosque building by the respondent. According to the petitioner, the petitioner has given a representation, dated 11.09.2018 to the respondent seeking for extension of the tenure of the Administrative Committee to enable the completion of Mosque buildings. According to the petitioner, due to the demonetization and shortage of building materials, the construction was not able to be completed within the stipulated time and only in such circumstances, the petitioner sought for extension of time under the representation dated 11.09.2018.

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W.P.(MD)No.1310 of 2019 4.The petitioner in the representation, dated 11.09.2018, had sought for extension of tenure of the Administrative Committee upto 20.02.2020. Since the said period has now come to an end, the petitioner will necessarily have to give a fresh representation seeking further extension.

5.Accordingly, this Court directs the petitioner to give a fresh representation seeking for extension of tenure of the Administrative Committee of Nagal Nagar Jumma Pallivasal and Junction Pallivasal, Nagal Nagar, Dindigul, for a further period in order to enable them to complete the Masque buildings. The petitioner is directed to give fresh representation within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to consider the said representation and pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

6.With the aforesaid directions, this Writ Petition stands disposed of. However, there is no order as to costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Cmr +1 CC to Mr.K.K. SENTHIL, Advocate ( SR-19549[F] dated 09/10/2020 ) +1 CC to Mr.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-19565[F] dated 09/10/2020 ) Order made in W.P.(MD)No.1310 of 2019 08.10.2020 VB (16.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/