Madras High CourtWP(MD)/20641/2019disposed of

Khaja Mohaideen v. The Chief Executive Officer

2019-09-26Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.20641 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.20641 of 2019 and WMP(MD)Nos.17263 and 17265 of 2019 Khaja Mohaideen ... Petitioner Vs.

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

2.The Superintendent of Wakf/Election Officer, Wakf Board, No.1, Town Hall Road, Madurai - 625 001.

3.The Inspector of Wakf, Wakf Board, 159/3, Tharpasaiyanam Road, Pasipattrai Jamath Mosque, Vellipattinam, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 1st respondent to appoint a special officer for conducting election to the Wallaja Nawab Pallivasal situated at Nehru Bazar, Sivagangai within a time.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.A.S.Alaudeen

ORDER

This writ petition is filed seeking a direction to the first respondent to appoint a Special Officer for conducting election to the Wallaja Nawab Pallivasal situated at Nehru Bazar, Sivagangai within a time.

2.By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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W.P(MD)No.20641 of 2019 3.This Court, by its order dated 16.09.2019 in WP(MD) No.19771 of 2019, has already directed the Superintendent of Wakf/second respondent herein to complete the election within a period of two months from the date of publication of the election notification dated 05.09.2019. The petitioner, now seeks appointment of a Special Officer for conducting election to the same Pallivasal.

4.This Court has already directed the second respondent to complete the election process within a period of two months. In the meanwhile, similarly placed persons, like the petitioner were given permission to make their objections against the draft voters list and they can also apply for addition, deletion or modification of the same. Now, the petitioner raises a new objection that the erstwhile ad-hoc committee is still administering the Wakf.

5.It is reiterated that the previous order of this Court made it clear that the ad-hoc committee will not have any say in the administration of Wakf and the management is taken over by the second respondent/Superintendent of Wakf and the second respondent will act independently as an Election Officer and complete the election within the time stipulated by this Court, ie., on or before 05.11.2019. Therefore, the writ petition does not require any consideration.

6.The writ petition is disposed of as nothing survives for adjudication. No costs. Consequently, WMP(MD)Nos.17263 and 17265 of 2019 are closed.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) mj +1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-89627[F] dated 26/09/2019 ) +2 CC to M/s.S.A.S.ALAUDEEN, Advocate ( SR-89673[F] dated 26/09/2019 ) W.P.(MD)No.20641 of 2019 26.09.2019 KM/(03.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2