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Madras High CourtWP(MD)/2439/2016disposed of

P.Noor Mohammed, v. The Chairman,

2016-02-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.2439 of 2016 P.Noor Mohammed ...

Petitioner Vs.

1.The Chairman, Tamil Nadu Wakf Board, No.1, Jafar Syrang Road, Vallal Seethakathi Nagar, Chennai - 1.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Road, Vallal Seethakathi Nagar, Chennai - 1.

3.The Election Officer/Wakf Superintendent, Wakf Board Office, Trichy.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the 3rd respondent in Na.Ka.G.S.No.527/The.A/VaKa/Trichy dated 24.01.2016 and quash the same as illegal and unconstitutional and consequently direct the respondents to fix a date for nomination to the election scheduled to be held on 14.02.2016 for Mohaideen Aandavar Pallivasal Jamad (G.S.No.527) Thirumayam Taluk, Pudukottai District and conduct the same in proper manner within a time frame as fixed by this Court. For petitioner : Mr.S.Sukumar For Respondents : Mr.K.K.Senthil

ORDER

Challenging the impugned notice of the 3rd respondent in Na.Ka.G.S.No.527/The.A/VaKa/Trichy dated 24.01.2016, the petitioner has come to this Court and for consequential direction to the respondents to fix a date for nomination to the election scheduled to be held on 14.02.2016 for Mohaideen Aandavar Pallivasal Jamad (G.S.No.527) Thirumayam Taluk, Pudukottai District and conduct the same in proper manner.

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2. Mr.K.K.Senthil, learned Standing Counsel takes notice for the respondents.

3. By consent, the writ petition itself is taken up for final disposal.

4. The learned counsel appearing on behalf of the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the first respondent is directed to pass appropriate orders on the representation of the petitioner dated 25.01.2016 on merits and in accordance with law, after giving notice to the interested parties, if any, as expeditiously as possible. This order should not be construed as giving any positive direction to the respondents and the respondents shall pass orders, independently, depending on the facts and circumstances of the case.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Wakf Board, No.1, Jafar Syrang Road, Vallal Seethakathi Nagar, Chennai - 1. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Road, Vallal Seethakathi Nagar, Chennai - 1. 3.The Election Officer/Wakf Superintendent, Wakf Board Office, Trichy.

+1cc to Mr.S.Sukumar, Advocate Sr.No.7754 +1cc to Mr.K.K.Senthil, Advocate Sr.No.7576 akm/09.02.2016/ 2p- 6c/jgb/dp/SAR-I W.P(MD).No.2439 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/