Madras High CourtWP(MD)/17347/2016disposed of

A.Jailani v. Tamil Nadu Wakf Board

2016-09-20Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20/09/2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.17347 of 2016 A.Jailani ... Petitioner Vs.

1.The Tamil Nadu Wakf Board, Through its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakfs, No.54 S.N.High Road, Tirunelveli.

3.The Inspector of Wakfs/Executive Officer, Jamia Masjid Pallivasal, 30-31, W.G.C road, Tuticorin. ... 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 1st respondent to approve the scheme framed under the bye-law submitted with him through letter, dated 24.07.2008 and its reminder letter, dated 05.09.2008, 29.11.2008, 16.01.2'009 and the petitioner's representation, dated 10.08.2016 and conduct the election within one month for the executive committee for Jamiya Masjid Pallivasal, Tuticorin. For Petitioner : Mr.KA.Raamakrishnan For Respondents : Mr.K.K.Senthil

ORDER

Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

2. By consent, the Writ Petition itself is taken up for final disposal.

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3. This Writ Petition has been filed seeking a direction, directing the Wakf Board to approve the Scheme submitted by the petitioner.

4. According to the petitioner, he has submitted the Scheme as early as on 24.07.2008 and the same is pending. While so, in a W.P(MD)No.20861 of 2015, this Court vide order, dated 25.07.2016, directed the Wakf Board to conduct election to the Pallivasal after framing scheme. Despite the same, the scheme is not approved. Hence, the petitioner has filed this Writ Petition.

5. The learned standing counsel appearing for the Wakf Board submitted that as on date, no Wakf Board is functioning and some of the Members have resigned their Posts and the Board is to be re-constituted. As soon as the Board is re-constituted, the Scheme will be considered.

6. In the above circumstances, after re-constitution of the Wakf Board, the first respondent shall consider the Scheme submitted by the petitioner for approval and pass suitable orders on merits.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar pm The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

+1CC to Mr.K.K.Senthil, Advocate Sr.No.54137 +1CC to Mr.Ka.Ramakrishnan, Advocate Sr.No.53851 GJM/SS2/30.9.16-2p-4c W.P(MD)No.17347 of 2016 20/09/2016 https://hcservices.ecourts.gov.in/hcservices/