Madras High CourtWP(MD)/4759/2017closed

A.Ibrahim Sha v. The Tamil Nadu Wakf Board

2017-03-21Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4759 of 2017 and W.M.P.(MD) No.3803 of 2017 A.Ibrahim Sha ..Petitioner Vs 1.The Tamil Nadu Wakf Board Rep.

by its Chief Executive Officer, 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakfs, Ramanathapuram, Tamil Nadu Wakf Board, No.159/3, Tharapasayamman Road, Vellipattinam, Ramanathapuram - 623 504.

(Administrator Sivakasi Muslim Shafi Mathahab Periya Pallivasal Jamath) 3.A.M.Abdul Kader 4.T.U.Mohammed Nawab ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents 1 and 2 to consider the petitioner's representation dated 14.03.2017 with respect to holding of election to the Sivakasi Muslim Shafi Mathahab Periyapallivasal Wakf.

For Petitioner :Mr.R.Govindaraj For Respondents 1 & 3 : Mr.K.K.Senthil

O R D E R

The Petitioner has approached this Court seeking a direction to the respondents 1 and 2 to consider the petitioner's representation dated 14.03.2017 with respect to holding of election to the Sivakasi Muslim Shafi Mathahab Periyapallivasal Wakf.

2.According to the petitioner, there were some irregularities in the conduct of the Sivakasi Muslim Shafi Mathahab Periyapallivasal Wakf and some complaints were also given against the persons who were incharge of the said Wakf. In respect of the said complaints, the Wakf Board by proceedings in Na.Ka.No.14319/09/M3/tpUJ dated 03.03.2015, passed several https://hcservices.ecourts.gov.in/hcservices/

resolutions recommending for taking certain steps in order to protect the Wakf property and to bring it under the control of Wakf Board and streamlining administration of the Wakf. 3.The grievance of the petitioner is that without complying with the resolutions passed by the Wakf Board, the first and second respondent have announced the election to be conducted in respect of the said Walf.

4.When the matter was taken up for hearing, Mr.K.K.Senthil, learned Standing Counsel appearing for the respondents 1 and 2 produced proceedings of the Wakf Board dated 20.03.2017, stating that only after implementation of the recommendations of the Wakf Board proceedings dated 03.03.2015, the election will be conducted and therefore, the prayer sought for by the petitioner has been sufficiently answered by the said communication. 5.In the above said circumstances, since the issue has already been addressed by the Wakf Board itself by their latest communication dated 20.03.2017, nothing survives in the present writ petition for adjudication. Therefore, recording the submissions of the learned Standing Counsel appearing for the respondents 1 and 2 and the proceedings of the Wakf Board dated 20.03.2017, this Writ Petition is closed as no orders are necessary. Consequently, connected Miscellaneous Petition is also closed. There is no order as to costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar +1cc to M/s. K.K.SENTHIL Advocate in SR. No.16471 +1cc to M/s. R.GOVINDARAJ Advocate in SR. No.16353 SJ JS/JC/3/4/2017/2P-3C W.P(MD)No.4759 of 2017 and W.M.P.(MD) No.3803 of 2017 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/