Madras High CourtWP(MD)/13002/2021disposed of

Mohamed Abdul Kader.M.A v. The Chief Executive Officer

2021-08-04Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P. No.13002 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2021

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.13002 of 2021 and W.M.P.Nos.10575 & 10078 of 2021 M.A.Mohamed Abdul Kader ... Petitioner Vs.

1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakadhi Nagar, Chennai 600001.

2.The Superintendent of Wakfs, Office of the Wakf Superintend, Khader Avulia Pallivasal Campus, No.51/80, Trivandrum Road, Palayamkottai, Tirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents in anyway conducting election as per the election notification in Na.Ka.G.S.No.18/t/f//f/Fkhp/nj/m/2021 dated 17.07.2021 in respect of the Wakf viz,Malik Dinar Baithumal Jamath, Arippu Street, Kottar, Kanyakumari District and further directing the respondent to postpone election and to conduct the election after the Covid-19 pandemic is over by considering the petitioner's representation dated 22.07.2021.

For Petitioner :

Mr. Mohamed Haneef.A For Respondents :

Mr.S.A.Ajmalkhan (for R1 and R2) :

Mr.A.Haja Mohideen for proposed

O R D E R

The petitioner seeks to prevent the conduct of an election as per the Election Notification dated 17.07.2021 in respect of a Wakf namely Malik Dinar Baithumal Jamath, Arippu Street, Kottar, Kanyakumari District.

2. The learned counsel for the respondents submits that the elections to the Wakf were conducted and concluded on 28.07.2021. In support of his contention, he has enclosed the proceedings of the Wakf. Upon perusal thereof, it is clear that the elections were concluded and that about 13 persons were nominated and elected without contest.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. No.13002 of 2021

3. Although learned counsel for the petitioner contends that the election was not duly conducted and was a mere eye wash, in view of the limited scope of the present writ petition, upon conclusion of the election, nothing survives of the present writ petition.

4. Accordingly, W.P.(MD).No.13002 of 2021 is disposed of. It will be open to the petitioner to initiate appropriate proceedings to challenge the elections to the Wakf in accordance with law. There shall be no order as to costs. As a result of the disposal of the writ petition W.M.P.(MD).No.10078 of 2021 and impleading petition in W.M.P.(MD).No.10575 of 2021 are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Sbn +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-25321[F] dated 05/08/2021 ) W.P.(MD) No.13002 of 2021 and W.M.P.Nos.10575 & 10078 of 2021 04.08.2021 RD(11.08.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2