Madras High CourtWP(MD)/22527/2019disposed of

K. Liyakath Ali v. The Tamil Nadu Wakf Board

2019-10-24Honourable Mr Justice M. Govindaraj2 pages

W.P(MD) No.22527 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD) No.22527 of 2019 K.Liyakath Ali ... Petitioner vs.

1.The Tamil Nadu Wakf Board, rep.by its Chief Executive Officer, No.1, Jaffar Sirrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Superintendent of Waqf, Ramanathapuram Zone, No.59/3, Therpusayanam Road, Velipattinam, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to hold election for the Thaikkal Jumma Pallivasal Waqf (G.S.No.101/ RMD) by considering the petitioner's representation dated 12.09.2019.

For Petitioner : Mr.M.Mohaboob Athiff For Respondents : Mr.S.A.S.Alaudeen For proposed impleaded party : Mr.D.Senthil

O R D E R

Mr.S.A.S.Alaudeen, learned counsel takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2.The petitioner is a member of Thaikkal Jumma Pallivasal, registered under G.S.No.101/RMD. According to the petitioner, there is no elected body for administration of the said Wakf. Therefore, he made a representation to the Wakf Board on 12.09.2019. Till date, the said representation has not been considered. Hence, he is before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD) No.22527 of 2019 3.When the matter is taken up for admission, Mr.D.Senthil, learned counsel appeared for intervener submitted that election has already been over and the elected body is administering the Wakf in question.

4.Be that as it may, the representation made by the petitioner with regard to conduct of election is pending. Whether the election is to be conducted or already been conducted is within the knowledge of the Wakf Board. Hence, it is fair to dispose of the representation and give a reply to the petitioner. Therefore, a direction is given to the first respondent to consider the petitioner's representation dated 12.09.2019 and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity of personal hearing to all the parties concerned.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TO 1.The Tamil Nadu Wakf Board, rep.by its Chief Executive Officer, No.1, Jaffar Sirrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Superintendent of Waqf, Ramanathapuram Zone, No.59/3, Therpusayanam Road, Velipattinam, Ramanathapuram District.

+1 CC to M/s.D.SENTHIL, Advocate ( SR-94512[F] dated 25/10/2019 ) mj W.P(MD) No.22527 of 2019 24.10.2019 KK/SAR/07.11.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2