Madras High CourtWP(MD)/26698/2019disposed of

Mohamed Abdul Raszith v. The Chief Executive Officer/Chairman

2019-12-16Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Mohammed Abdul Raszith ... Petitioner Vs.

1.The Chief Executive Officer/Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Road, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai Zone(For Tirunelveli Zone), Town Hall Road, Pallivasal Upstairs, Madurai - 625 001.

3.The Inspector of Wakf, Kanyakumari in charge, No.8, Old Building, Junction Jumma Masjid Valakam, Kailasapuram, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the second respondent to conduct the election as per the order made in W.P(MD)No.21112 of 2019 by following the Bye-laws of Islamic Cultural Association, by considering the Petitioner's representation, dated 4.12.2019.

For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.Mohideen Basha Standing Counsel.

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to conduct the election as per the order made in W.P(MD)No.21112 of 2019 by following the Bye-laws of Islamic Cultural Association by considering the Petitioner's representation, dated 4.12.2019. 1/3

2.Mr.J.Mohideen Basha, learned Standing Counsel takes notice for the respondents/Wakf Board.

3.By consent of parties, the main Writ Petition is taken up for final disposal.

4.Earlier in W.P(MD)No.21112 of 2019, this Court has passed an order directing the Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai Zone (For Tirunelveli Zone), Town Hall Road, Pallivasal Upstairs, Madurai - 625 001/the second respondent herein, to conduct election and complete it within a period of two months from today I.e., on or before 5.1.2020.

5.The present Writ Petition is filed by the Petitioner, who is not a party to the earlier Writ Petition, Though he is not aggrieved by the earlier direction, he only seeks for a direction to the second respondent to conduct the election by following the bye-laws of Islamic Cultural Association.

6.The learned Standing Counsel appearing for the respondents/Wakf Board submits that they were ready to consider the representation given earlier and also obey by the order of this Court and conduct the election as per the order made by this Court in W.P(MD)No.21112 of 2019,dated 5.11.2019 by following the bye-laws of Islamic Cultural Association and complete the election on or before 5.1.2020.

7.Recording the above-said submission, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) vsn To 1.The Chief Executive Officer/Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Road, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai Zone(For Tirunelveli Zone), Town Hall Road, Pallivasal Upstairs, Madurai - 625 001.

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3.The Inspector of Wakf, Kanyakumari in charge, No.8, Old Building, Junction Jumma Masjid Valakam, Kailasapuram, Tirunelveli.

+1 CC to M/s.M.SAHUL HAMEED, Advocate ( SR-105444[F] dated 17/12/2019 ) ORDER MADE IN 16.12.2019 KK/SAR/20.12.2019/3P-5C/ 3/3