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Madras High CourtWP(MD)/19832/2023disposed of

Ahmed Sikkandar Sait. S v. The Chief Executive Officer

2023-08-16Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.16357 of 2023 S.Ahmed Sikkandar Sait ... Petitioner vs.

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

2.The Election Officer Cum Superintendent, O/o. Wakf Superintendent, No.176/1, 1st Floor, Therpasayanam Road, Velipattinam Road, Ramanathapuram-623 504.

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3. Aruppukottai Nallur Mohaideen Andavar Pallivasal, Aruppukottai, Virudhunagar District, Rep. through its Muthavalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents No. 1 and 2 to redraft and include in the Petitioner's name in the Voter's List pertaining to the election to the Office Bearers of the Managing Committee to the Administration of Aruppukottai Nallur Mohaideen Andavar Pallivasal Jamath (G.S.9/RMD) situated at Aruppukottai, Virudhunagar District on the basis of his Application dated 21.06.2023 and for other reliefs. For Petitioner : Mr.J.Lawrance For R-1 & R-2 : Mr.A.Ajmal Khan

O R D E R

This writ petition has been filed to direct the respondent Nos.1 and 2 to redraft and include the Petitioner's name in the voter list, on basis of the petitioner's application, dated 21.06.2023. 2/6

2. The election notification was issued on 23.06.2023 and the same was challenged in W.P.No.14829 of 2023 before the Principal Bench and the Hon'ble Court has granted an interim stay.

3. In the present writ petition the contention of the petitioner is that the respondents had issued Notification No.4 dated 19.06.2003 calling for inclusion deletion of names in the voter list. The petitioner had submitted an application on 21.06.2023 to include his name in the voter list. The time granted in the said notification is three days and the petitioner had submitted application within the said three days. But the respondents without processing the petitioner's application, had issued the Election Notification, which is being stated in the Principal Bench. 3/6

4. By taking the aforesaid facts into consideration, the respondents are directed to reconsider the petitioner's application to include his name in the voter list and pass orders, within a period of two weeks, from the date of receipt of a copy of the copy of this order. If the respondents are passing any negative order against the petitioner, then the respondents shall state the reasons. In short, the respondents shall pass speaking order and the petitioner is at liberty to challenge the same.

5. With these observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes / No 16.08.2023 Internet : Yes NCC : Yes / No Sml/Ksa 4/6

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

2.The Election Officer Cum Superintendent, O/o. Wakf Superintendent, No.176/1, 1st Floor, Therpasayanam Road, Velipattinam Road, Ramanathapuram-623 504.

3. The Muthavalli.

Aruppukottai Nallur Mohaideen Andavar Pallivasal, Aruppukottai, Virudhunagar District, 5/6

S.SRIMATHY, J Sml/Ksa 16.08.2023 6/6