Madras High CourtWP(MD)/18191/2019disposed of

Naina Mohammed v. The Tamil Nadu Waqf Board

2022-03-23Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Naina Mohammed President, Nallur Mohaideen Andavar Pallivasal, Aruppukottai, Virudhunagar District.

... Petitioner Vs.

1.The Tamil Nadu Waqf Board, Rep by its Chairman, 2.The Chief Executive Officer, Tamil Nadu Waqf Board,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to hold elections for the Management Committee of the Nallur Mohaideen Andavar Pallivasal, Aruppukottai within the time that may be stipulated by this Court, by appointing a former Judge of this Court as an observer.

For Petitioner : No Appearance For Respondents : Mr.S.A.Ajmal Khan

ORDER

There is no representation on behalf of the petitioner.

2. The prayer in this writ petition is to appoint a retired Judge of this High Court to hold elections for the Management Committee of Nallur Mohaideen Andavar Pallivasal within the time that may be stipulated by a former Judge of this Court as an observer and to pass such further orders.

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3. It appears that the petitioner had sent a representation on 12.07.2019 to the second respondent. The second respondent has now installed an Adhoc Committee, pursuant to an order, dated 08.02.2021 for a period of one year, which has been extended further for a period of one more year. This Adhoc Committee however cannot continue to manage the affairs of the Pallivasal eternally by getting renewals from time to time from the respondents.

4. Considering the same, I am inclined to dispose the writ petition by directing the second respondent to hold a free and fair election for the management of the aforesaid Pallivasal as it appears there was a large scale mismanagement. The second respondent is therefore directed to appoint a retired judge of this High Court to act as an observer in the ensuing election.

5. The election shall be conducted preferably within a period of six months from the date of receipt of copy of this order after ensuring that a proper electoral list is in place and proper notice is issued to all the members of the Pallivasal as per the Rules governing the Pallivasal.

6. The retired Judge of this High Court to be nominated by the respondents 1 and 2 as an observer shall be paid appropriate fees to be charged by the retired Judge of this High Court through the Adhoc Committee. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Chairman, The Tamil Nadu Waqf Board, 2/3

2.The Chief Executive Officer, Tamil Nadu Waqf Board, 23.03.2022 KS(CO) KB(04.04.2022) 3P 3C 3/3