Sheik Syed Ali v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)Nos.17757 and 17758 of 2019 Sheik Syed Ali : Petitioner Vs.
1.The Chairman, Tamil Nadu Wakf Board, No.1, Jafer Sirang Street, Vallal Seethaikathi Nagar, Chennai-600 001.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafer Sirang Street, Vallal Seethaikathi Nagar, Chennai-600 001.
3.The Superintendent, Tamil Nadu Wakf Board, Madurai Zone, for (Tirunelveli Zone), Town Hall Road Pallivasal Upstairs, Madurai-625 001.
4.The Executive Officer -cum- Wakf Inspector, Kanyakumari Incharge, NVK Jamath Pallivasal Building, Vadasery, Nagercoil, Kanyakumari District.
5.V.Umar Ali 6.R.Mohamed Rafeek 7.M.Syed Mohamed : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice issued by 1/3
the fourth respondent vide his proceedings in Na.Ka.No.S2/Ka.Kumari/Va.Aa.Ka.Kumari (Po)/NiA/2019, dated 13.09.2019 and quash the same as illegal and consequently, direct the respondent Nos.1 to 4 to adhere the order passed by this Court in C.R.P.(MD)Nos.1249 and 1250 of 2016 and conduct the election for Islamic Cultural Society Pallivasal.
For Petitioner : Mr.D.S.Haroon Rasheed For Respondents 1to4 : Mr.N.Mohideen Basha For Respondents 5to7 : No Appearance ******
ORDER
Aggrieved over the order of the fourth respondent appointing an Adhoc Committee to conduct elections, the petitioner is before this Court.
2. According to the petitioner, this Court in C.R.P.(MD) Nos.1249 and 1250 of 2016, by its order dated 28.08.2018, directed the Tamil Nadu Wakf Board to conduct elections, within a period of six months. Even though six months period is over by April, 2019, the elections were not conducted till date. Further, the fourth respondent has taken sides with the group of people and appointed them to assist him in the day-to-day affairs of the Wakf. Therefore, the petitioner seeks appointment of an Independent Officer to conclude the elections.
3. The learned Standing Counsel appearing for the respondents 1 to 4 would submit that the Wakf Board is willing to conduct free and fair elections through the third respondent/Superintendent, Tamil Nadu Wakf Board. The petitioner is also agreeable for the proposal.
4. Accordingly, a direction is given to the third respondent/Superintendent of Tamil Nadu Wakf Board, to conduct elections and complete it, within a period of two months from today i.e., on or before 05.01.2020.
5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) 2/3
TO The Superintendent, Tamil Nadu Wakf Board, Madurai Zone, for (Tirunelveli Zone), Town Hall Road Pallivasal Upstairs, Madurai-625 001.
+2 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-96299[F] dated 06/11/2019 ), ( SR-96479[F] dated 06/11/2019 ) Dated: 05.11.2019 KK/SAR/07.11.2019/3P-4C/ 3/3