Madras High CourtWP(MD)/1233/2017disposed of

A.Kanawa Syed v. Tamil Nadu Wakf Board

2017-02-02Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1233 of 2017 and W.M.P(MD)No.1033 of 2017 A.Kanawa Syed ... Petitioner Vs.

1.Tami Nadu Wakf Board Through its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakfs Tamil Nadu Wakf Board, Mosque Building II Floor, No.1 Town Hall Road, Madurai - 625 001.

3.The Inspector of Wakfs Itka Mahal, Mohammadiapuram Dindigul.

4.The Executive Committee, Nagal Nagar Jumma Pallivasal, cum Junction Pallivasal Nagal Nagar, Dindigul, represented by its President, Janab S.A.Buhari

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent No.1 to conduct elections for the posts of Executive Committee Members of Nagal Nagar Jumma Pallivasal cum Junction Pallivasal, Nagal Nagar, Dindigul for a period of 3 years commencing from 16.02.2017 in accordance with law within a time frame as may be fixed by this Court.

https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.Prakash For Respondents : Mr.K.K.Senthil

ORDER

The petitioner seeks for a Mandamus directing the first respondent to conduct elections for the posts of Executive Committee Members of Nagal Nagar Jumma Pallivasal-cum-Junction Pallivasal, Nagal Nagar, Dindigul for a period of 3 years commencing from 16.02.2017 in accordance with law. 2.Though the petitioner contends that the period of present committee comes to an end on 15.02.2017 and elections has to be conducted for the fresh next committee, he has not given any representation to the respondents 1 to 3 seeking for conducting election and on the other hand, straightaway filed the present writ of Mandamus. Needless to say that without their being any request before the authority concerned, the party cannot straightaway come and file a writ petition seeking for a Mandamus. 3.

Therefore, this writ petition is disposed of, however, with liberty to the petitioner to approach the respondents 1 to 3 and make a representation for conducting election. If any such representation is filed, the same shall be considered and decided on merits and in accordance with law without loss of further time. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600 001. 2.The Superintendent of Wakfs Tamil Nadu Wakf Board, Mosque Building II Floor, No.1 Town Hall Road, Madurai - 625 001.

3.The Inspector of Wakfs Itka Mahal, Mohammadiapuram Dindigul.

+One cc to Mr.Y.Prakash, Advocate, SR.No.6271 +One cc to Mr.K.K.Senthil, Advocate, SR.No.5953 skn RL/6C/2P/SV/MMS/15.2.2017 W.P.(MD)No.1233 of 2017 and W.M.P(MD)No.1033 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/