Haji M. Nainar Mohamed v. The Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Haji M.Nainar Mohamed ... Petitioner Vs.

1.The Tamil Nadu Waqf Board, represented by its Chairman, No.1.Jaffar Srirang Street, Behind Custom Office, Vallal Seethagathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffar srirang Street, Vallal Seethagathi Nagar, Behind Custom Office, Chennai-600 001.

3.The Superintendent of Wakf, Office of the Superintendent of Wakf, Upstair of Town Hall Road Pallivasal, Madurai-625 001.

4.Janab M.Sarbudeen ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to appoint a Adhoc Committee to manage and administer the Peraiyur Muslim Jamath Pallivasal dated 12.07.2022.

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For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.K.K.Senthil 1 to 3 Standing Counsel

ORDER

This writ petition has been filed seeking for a mandamus to direct the first respondent a Adhoc Committee to manage and administer the Peraiyur Muslim Jamath Pallivasal, by considering the petitioner's representation, dated 12.07.2022.

2.Mr.K.K.Senthil, learned Standing Counsel takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The primary contention of the petitioner is that the fourth respondent has been administering the mosque, even though his period got expired in the year 2019. Now, the fourth respondent unauthorisedly as president of the Jamath. Hence, the present petition has been filed. 4.The learned Standing Counsel appearing for the respondents 1 to 3 submitted that earlier, the fourth respondent was selected as president. The tenure of the fourth respondent was upto in the year 2019. Thereafter, there 2/4

have been several petitions filed before this Court either by the petitioner or by the rival group. Due to which, the Wakf Board was unable to notify the election and conduct the same. Now, on 24.08.2022, the Wakf Board sent a notification to the members of the Mosque informing that a General Body Meeting is to be held on 18.09.2022 at about 11.00 a.m. Thereafter, the administration committee would be elected in a open and democratic manner. 5.Considering the submissions and perusal of the materials available on records, it is seen that the petitioner's grievance has already been addressed and a General Body Meeting is to be held on 18.09.2022 in the presence of the Wakf authorities and steps to be taken to conduct the election in a democratic way.

6.With the above observations, this Writ Petition is disposed of. No costs.

01.09.2022 Index : Yes / No Internet : Yes/ No vsg 3/4

M.NIRMAL KUMAR, J.

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