Madras High CourtWP(MD)/13899/2017disposed of

Sheik Alavudeen, v. The Chief Executive Officer,

2017-08-01Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13899 of 2017 and W.M.P(MD)No.10835 of 2017 Sheik Alavudeen ... Petitioner Vs.

1. The Chief Exeuctive Officer, Tamil Nadu Waqf Board, No.1, Jaffersyrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Superintendent of Waqf, The Superintendent of Waqf Office, No.27, Diwan Nagar, Court road, Opposite to Jumma Mosque, Thanjavur - 613 001.

... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation dated 17.07.2017.

For Petitioner : Mr.J.Muneer Khan.

For Respondents : Mr.K.K.Senthil.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 17.07.2017, which was given by the petitioner seeking to supervise Urus and Sandhana Koodu functions in Sheik Ibrahim Jailani Oliyulla Thaikkal, Thirumangalakudi Village, Thiruvidaimaruthu Taluk, Thanjavur District, scheduled to be held on 02.08.2017.

2.According to the petitioner, without obtaining proper permission from the Waqf, one K.Niyamathullah, A.Gulam Hussain, Mohammed Sathik and S.J.Liyakath Ali, who are not elected as members of the Jamath, tried to perform Sandhana Koodu function on 02.08.2017. Since the said administration was not properly selected by the Waqf and some problems are existing in between the existing Mutavallis and the alleged trustees, in order to avoid law and order problem, the petitioner made a representation dated 17.07.2017 to the respondents to intervene in the Dhargha https://hcservices.ecourts.gov.in/hcservices/

functions and the same was unattended so far. Therefore, the petitioner is before this Court.

3.Heard both sides.

4.The learned counsel appearing for the respondents, on instructions, would submit that the Wakf Inspector, Thanjavur, has sent a letter to the Muthavallis, instructing to the effect that no political parties shall be permitted to participate in the said function.

5.The learned counsel for the petitioner would submit that it is agreeable for the petitioner that the function shall be conducted under the supervision of the second respondent. 6.Recording the submissions made by both sides, the second respondent is directed to depute one Inspector of Waqf to monitor the said function, which is to be held on 02.08.2017. 7.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Chief Exeuctive Officer, Tamil Nadu Waqf Board, No.1, Jaffersyrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Superintendent of Waqf, The Superintendent of Waqf Office, No.27, Diwan Nagar, Court road, Opposite to Jumma Mosque, Thanjavur - 613 001.

+1cc to M/S. J.MUNEER KHAN, Advocate, SR.No.69205. ORDER MADE IN W.P(MD)No.13899 of 2017 and W.M.P(MD)No.10835 of 2017 01.08.2017 https://hcservices.ecourts.gov.in/hcservices/ smn SDS/SV:AAMS/SAR 4/01.08.2017/2P/4C