Shajakan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR and W.M.P(MD).Nos.3912 & 3913 of 2016 and 13122 of 2017 Shajakan .. Petitioner -Vs.-

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jabar Cherart Street, Vallal Chethakathi Nagar, Excise house back side, Chennai.

2. The Principal Secretary, Tamil Nadu Wakf Board, No.1, Jabar Cherart Street, Vallal Chethakathi Nagar, Excise house back side, Chennai.

3. The Superintendent, Tamilnadu Wakf Board, No.12, Kilethar Street, Trichy - 2.

4. The President, Sheik Ismail Subedhar Pallivasal, Urayur, Trichy - 620003.

5. The Secretary, Sheik Ismail Subedhar Pallivasal, Urayur, Trichy - 620003.

6. S.Sherfudin (Impleaded vide Court order dated 26.04.2016 in W.M.P(MD).No.5565/16) .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to impugned election notification written in the Pallivasal notice board by the fourth and fifth respondents to 1/3

conduct election for the selection of Executive Committee of Sheik Ismail Subhedar Pallivasal, Uraiyur, Trichy for the year 2016 to 2019 and quash the same as illegal and consequently directing the first to third respondents to conduct election to select Executive Committee Sheik Ismail Subedar Pallivasal, Uraiyur, Trichy for the year 2016 to 2019 by Wakf Board after preparing eligible voters list.

For Petitioner :

Mr.C.M.Arumugam for Mr.B.Alex Pandian For Respondents :

Mr.D.S.Haroon Rasheed, Standing Counsel, for R1 to R3 Mr.R.Sundar for R4 & R5 No Appearance for R6

O R D E R

Mr.C.M.Arumugam, learned counsel representing Mr.B.Alex Pandian (counsel on record for writ petitioner who is before me) adverting to earlier proceedings made in the previous listing on 22.11.2021 submits that he has since obtained instructions and the captioned main writ petition has become infructuous. It is submitted that the captioned main writ petition pertains to a election notification of the year 2016 qua a public Waqf, elections were since held, the elected members were put in office and subsequent elections have also been held. Learned counsel also submits that the writ petition can therefore be disposed of as closed. Learned Standing Counsel for Tamil Nadu Waqf Board and learned counsel for respondents 4 and 5 submit that there is no disputation about this factual position/trajectory.

2. Recording the submission/stated position of the writ petitioner, the captioned writ petition is disposed of as closed making it clear that I have not expressed any view or opinion on the merits of the matter in this order. Cosequently, captioned WMPs are also disposed of as closed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 2/3

To

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jabar Cherart Street, Vallal Chethakathi Nagar, Excise house back side, Chennai.

2. The Principal Secretary, Tamil Nadu Wakf Board, No.1, Jabar Cherart Street, Vallal Chethakathi Nagar, Excise house back side, Chennai.

3. The Superintendent, Tamilnadu Wakf Board, No.12, Kilethar Street, Trichy - 2.

07.12.2021 NSN(CO) KB(13.12.2021) 3P 4C 3/3