Abdul Kadar v. Benazir Begum M
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Fifth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN WMP(MD). No.17635 of 2024 in WMP(MD)NO.15328 OF 2024 IN WP(MD).NO.6116 OF 2024 Abdul Kadar S/o.Muthu Rowther ... Petitioner/7th Respondent/6th Respondent Vs 1 Benazir Begum M Advocate Commissioner No.143 Lawyers Chambers Madurai Bench of the Madras High Court Madurai. ...1st Respondent/Petitioner/Nil 2 Abdul Raheem M S/o.Mohamed Maideen ...2nd Respondent/1st Respondent Writ Petitioner 3 The Revenue Divisional Officer Melur Madurai District.
4 The Tahsildar Madurai East Taluk Madurai District.
5 The Advocate Commissioner A.Sivaji Advocate Enrollment No.248/1974 No.36 Lawyers Chambers Madurai Bench of Madras High Court Madurai.
6 The Inspector of Police Silaiman Police Station Silaiman Madurai District.
7 Xxxxxx 5th Respondent in the Main Writ Petition Was Deleted from the Array of Parties Vide Order dated 06.04.2024) ... Respondents/Respondents/Complainant Prayer in WP(MD).NO.6116 of 2024 :- This Writ Petition is fild Under Article 226 of the constitution of India, to issue a Writ of Mandamus directing the respondent No.3/Advocate Commissioner to conduct the election of A1 Jamina Jumma Masjith Sunnathul Jamath, LKB Nagar, Sakkimanagalam, Madurai on the basis of this Honourable Court's order in Crl.MP (MD).NO.2765 of 2019 in Crl.OP(MD). NO.3845 of 2016 dated 29.03.2019 in accordance with law. Prayer in WMP(MD).NO.15328 of 2024 :- This Writ Miscellaneous Petition is filed Under Article 226 of the constitution of India, declaring the date of election for the mosque namely " A1 Jamina Jumma Masjith Sunnathul Jamath" and give liberty to the petitioner to finalize the voters list in accordance with law and further permit her to avail police protection at any time if any one of them/any group is
illegally clashing into the election matter.
Prayer in WMP(MD).NO.17635 of 2024 :- This Writ Miscellaneous Petition is filed Under Article 226 of the constitution of India, To Modify the order made in WMP(MD).No. 15328 of 2024 dated 31.07.2024 by directing the learned advocate commissioner / 1st respondent herein to hold election with 360 members as voters and excluding Kalmedu Nagar residents from the ambit of the electoral college of the Al Jamia Jummah Masjid Sunnathul Jamath, Madurai strictly as per the order made in WP(MD).No. 6116 of 2024 dated 03.04.2024 ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M. Mahaboob Athiff, Advocate for the Petitioner and of Mr.M.Benazir Begum,Advocate Commissioner for respondent NO.1 Mr.K.Prakash, Advocate for Respondent No.2, and Mr.K.Balasubramani, Special Goverment Pleader For R3 and R4,and Mr.Gnanasekaran Government Advocate (Criminal Side) For R6, this Court made the following order:
Thiru.Abdul Kadar who is a part of the management committee of Al Jamia Jumma Masjid Sunnathul Jamath has filed this miscellaneous petition seeking certain clarifications. On 31.07.2024 in W.M.P.(MD)No.15328 of 2024, I had issued certain directions for conducting election for the said Jamath. Since certain doubts had arisen, the present miscellaneous petition came to be filed.
2. When the Court issued certain directions for conducting election for the body, it cannot be in the same breadth to alter or expand the composition of the body. It is submitted by the Advocate Commissioner herself that in the register maintained by Jamath, there are only 360 members. Therefore, the electoral college will have to be confined to only to the said 360 members. I had already stated that any member paying a sum of Rs.600/- can participate in the election process as voter. The advocate commissioner states that she will prepare the election schedule and the election process will commence on 11.04.2025 and conclude by 11.05.2025. A sum of Rs.25,000/- shall be paid as further remuneration to the advocate commissioner from out of the jamath funds. The advocate commissioner is also entitled to reimburse all the expenses that may be incurred by her such as publication etc., The Inspector of Police, Silaiman Police Station is directed to extend his fullest assistance as and when requisitioned by the advocate commissioner.
3. The Writ Miscellaneous Petition is allowed. Sd/- Assistant Registrar // True Copy // /03/2025 Sub Assistant Registrar (CS - I/ II / III /IV)
TO
1. The Revenue Divisional Officer Melur Madurai District.
2. The Tahsildar Madurai East Taluk Madurai District.
3. The Inspector of Police Silaiman Police Station Silaiman Madurai District.
4. Benazir Begum M Advocate Commissioner No.143 Lawyers Chambers Madurai Bench of the Madras High Court Madurai.
5. The Advocate Commissioner A.Sivaji Advocate Enrollment No.248/1974 No.36 Lawyer Chamber Madurai Bench of Madras High Court Madurai.
6. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.
7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.Mahaboob Athiff, Advocate ( SR-20468 [F] dated 27/03/2025 ) +1 CC to M/s.SPL.GP ( SR-20612 [F] dated 25/03/2025 )
ORDER DATED : 25/03/2025 ==========================
ORDER
========================== WMP(MD). No.17635 of 2024 IN WMP(MD). No.15328 of 2024 IN WP(MD).NO.6116 OF 2024 Giving direction and etc.
as stated within.
KR/27.03.2025 6P/10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023