Madras High CourtWP(MD)/21215/2016disposed of

S.K.Y.Sulthan, v. The Tamil Nadu Wakf Board,

2016-11-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21215 of 2016 and W.M.P(MD)Nos.15160 & 15161 of 2016 S.K.Y.Sulthan ..Petitioner Vs.

1.The Tamil Nadu Wakf Board, Represented by its Chairman, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer, Tamilnadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai.

3.Janb. K.Shajahan ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the second respondent in his proceedings Se.Mu.Order No.12873/97/Aa5/Puduhai, dated 01.11.2016 and quash the same and consequently direct the respondents 1 and 2 to permit the Ad-hoc Committee formed as per resolution of Wakf Board in Proceedings Se.Mu.Order No.12873/97/Aa5/Puduhai, dated 24.11.2015 to administer the Holly Sardhar Rowuthar Shahibu Oliyullah Santhanakoodu Festival and day to day affairs of Kottaipattinam Muslim Jamath, Kottaipattinam Post, Manamelkudi Taluk, Pudukottai District.

For Petitioner : Mr.M.Saravanakumar For R-1 & R-2 : Mr.K.K.Senthil For R-3 : Mr.G.Prabu Rajadurai

ORDER

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

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

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3. Challenging the order passed by the second respondent appointing a Committee consisting of 11 members, to assist the existing 11 Member Interim Committee to conduct the Holly Sardhar Rowuthar Shahibu Oliyullah Santhanakoodu Festival of Kottaipattinam Muslim Jamath, Kottaipattinam Post, Manamelkudi Taluk, Pudukottai District, the petitioner has filed this Writ Petition.

4. According to the petitioner, he is the Treasurer of the existing Interim Committee managing the affairs of Wakf and now the present Committee is appointed by the second respondent only to assist the existing Interim Committee to conduct the above said festival. But, the present Committee members are virtually trying to take over the management of the Wakf. Hence, he has filed this Writ Petition.

5. Reading of the impugned order would disclose that the present Committee is formed only for the purpose of assisting the existing Interim Committee to conduct the festival scheduled to be held from 01.11.2016 to 01.12.2016. Further, in the impugned order itself, it is made clear that the present Committee should co-ordinate with the Interim Committee in conducting the festival and further the committee should not cause any inconvenience and should not give any room for any complaint and after the festival is over, they should also submit the accounts before the Superintendent of Wakf, Trichy.

6. As the impugned order itself made it clear that the present Committee has been appointed only to assist the existing Interim Committee for conducting the festival, the newly appointed committee should not interfere with the administration of the Wakf, and this Writ Petition is disposed of with the above clarification. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar(CS) To +1cc to Mr.M.Saravanakumar, Advocate in SR.65878 +1cc to Mr.K.K.Senthil, Advocate in SR.66053 +1cc to Mr.G.Prabhu Rajadurai, Advocate in SR.65785 W.P(MD)No.21215 of 2016 04.11.2016 pm PBK/SK-SKN/SAR-I 07.11.2016 ::2p-4c:(IT) https://hcservices.ecourts.gov.in/hcservices/