Madras High CourtWP(MD)/19604/2021disposed of

Thaka Khan N v. The Chief Executive Officer

2021-11-15Honourable Mr Justice M. Sundar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR N.Thaka Khan ... Petitioner Vs.

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

2.The Wakf Inspector, (Ramanathapuram, Sivagangai & Virudhunagar), Tamil Nadu Wakf Board, Regional Wakf Inspector Office, 176/11, 1st Floor, Tharapasayanam Road, Velipattinam, Ramanathapuram - 623 504.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to hold the election to elect Executive Committee by secret ballot method to the Jalal Jamal Jumma Mosque, Periyapattinam, Keelakarai Taluk, Ramanathapuram District by considering the petitioner's representation dated 14.07.2021, within the period that may be stipulated by this Court. For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.N.Mohideen Basha Standing Counsel

O R D E R

Mr.R.Senthilkumar, learned Counsel for the lone writ petitioner and Mr.N.Mohideen Basha, learned Standing Counsel for Tamil Nadu Wakf Board, who accepts notice on behalf of both the respondents are before this virtual Court.

2. Learned Counsel for the writ petitioner, notwithstanding the expansive prayer submits on instructions that he would abridge the prayer and limit it to disposal of his representation dated 14.07.2021 and the learned Counsel points out that pursuant to his representation, the second respondent has sent a communication dated 07.09.2021, calling upon the writ petitioner to attend an inquiry on 14.09.2021. Learned Counsel also goes on to submit that the writ petitioner attended the inquiry on 14.09.2021 and set out his stated 1/4

position. However, owing to the limited abridged prayer, I deem it appropriate to not to delve into those aspects of the matter. 3.The aforementioned representation dated 14.07.2021 is as follows:

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4. It is seen from the above that the representation has been received by the first respondent on 16.07.2021.

5. The aforementioned representation shall be disposed of by the first respondent on its own merits, in accordance with law, by carrying the inquiry notice dated 07.09.2021 to its logical end. This exercise shall be completed as expeditiously as the business of the first respondent would permit and in any event, within two [2] months from today, ie., on or before 15.01.2022. The order / proceedings of the first respondent disposing of the aforementioned representation shall be communicated to the writ petitioner under due acknowledgment within seven [7] working days from the date of disposal.

6. The Writ Petition is disposed of in the aforestated manner / with the aforementioned directive. However, there shall be no order as to costs.

Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

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+1 CC to M/s.R. SENTHILKUMAR, Advocate ( SR-34505[F] dated 15/11/2021 ) 15.11.2021 AM(CO) KB(26.11.2021) 4P 4C 4/4