The Majilisul Bhuhari Sheriff Waqf v. J.Mohamed Ismail

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN The Majilisul Bhuhari Sheriff Waqf, represented by its Secretary, Mr.Moosa Nina, Kayalpattinam, Tuticorin District.

.. Applicant/Appellant/Petitioner Vs.

1.J.Mohamed Ismail 2.The Tamil Nadu Waqf Board, represented by its Chairman, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

3.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

4.The Superintendent of Waqf, Tirunelveli Division, Tamil nadu Waqf Board, Khadar Owlia Pallivasal Complex, Tirunelveli.

5.The Majilisul Bhuhari Sheriff Waqf, represented by the Inspector of Waqf, Kayalpattinam, Tuticorin District.

.. Respondents/ Respondents/ Respondents PRAYER: Review Application is filed under Order 47 Rule 1 and 2 r/w Section 114 of the Code of Civil Procedure, praying to allow the Review Application and set aside the order passed in W.A.(MD).No.514 of 2023 dated 23.11.2023.

For Petitioner : Mr.N.A.Nissar Ahamed Senior Counsel for Mr.I.Abdul Basith For R-1 : Mr.K.Navaneetharaja For R-2 to R-5 : Mr.S.A.Ajmal Khan

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN,J.) The present Review Application has been filed to review the order passed in W.A.(MD).No.514 of 2023 dated 23.11.2023.

2. Mr.N.A.Nissar Ahamed, learned Senior Counsel appearing for Mr.I.Abdul Basith, learned counsel for the review petitioner would submit that pursuant to the interim order of this Court, the petitioner has filed objections to the Wakf Board on 03.10.2023 for settlement of the voter list. According to him, the Wakf Board has not considered the said objections.

3. Mr.S.A.Ajmal Khan, learned Standing Counsel for the Wakf Board would state that due to inclement weather in the Thoothukudi District, the election has been postponed to 31.12.2023. He accepts that objections have been filed.

4. Since objections have been made with respect to the settlement of the voter list, the Wakf Board shall consider the objections made by the petitioner on 03.10.2023 and pass a speaking order.

5. We make it clear that before the holding of the elections, the objections filed on 03.10.2023 shall be considered and a speaking order

shall be passed and only thereafter, the election should proceed. If required, it is open to the Wakf Board to further postpone the election in order to consider the objections. We reiterate our direction that elections should be conducted in a fair and proper manner as per the applicable Special Resolution of the Tamil Nadu Wakf Board.

6. With the above direction, the Review Application stands disposed of.

(S.M.S.,J.) (V.L.N.,J.) 21.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 21.12.2023