Madras High Court
R.P.Mohamed Yousuf vs The Chief Executive Officer on 25 September, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.14407 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14407 of 2021 and
W.M.P. Nos.15313 & 15314 of 2021
R.P.Mohamed Yousuf ... Petitioner
Vs.
1.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai - 600 001.
2.The Superintendent of Waqf,
Tamil Nadu Waqf Board,
No.512, Gandhi Road,
Banrutti - 607 106,
Cuddalore Zone.
3.K.Abdul Raheem
4.S.K.Ismail
5.P.Kamal Basha
6.A.Jani Basha ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.14407 of 2021
a Writ of Mandamus directing the 1st and 2nd respondents to conduct
election for the Jamia Ahale Hadees Mosque Waqf, Aringhar Anna East
Street, Villupuram, within the time stipulated by this Court based on the
representation dated 15.06.2020.
For Petitioner : Mr.M.A.Sahul Hameed
For Respondents : Mr.S.Haja Mohideen Gisthi for R1 and R2
R3-NRN
R4 & R5 - No appearance
Mr.I.Kowser Nissar for R6
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct respondents 1 and 2 to conduct election for the Jamia Ahale Hadees Mosque Waqf, Aringhar Anna East Street,Villupuram, within the time stipulated by this Court, based on his representation dated 15.06.2021.
2.The learned counsel appearing for the petitioner submitted that Jamia Ahale Hadees Mosque Waqf in Aringhnar Anna East Street, Villupuram P.O. is a surveyed, notified and registered Waqf under the supervisory control of the Tamil Nadu Waqf Board and the members of the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.14407 of 2021 Waqf have been selected by way of conducting election by the respondents 1 and 2 and they hold the office for the term of three years and the petitioner is also one of the members of the Waqf. The learned counsel for the petitioner would further submit that the last election was conducted in 2011 and the term of the office was completed by 2014 and no election has been conducted till now. Due to several problems raised by different party members and due to the illegal involvement of respondents 3 to 6, the petitioner has sent a representation to respondents 1 and 2 to take action. Since the said representation has not been considered, the petitioner is before this Court.
3.The learned Standing Counsel for the respondents 1 and 2 would submit that this Court may issue a direction to the respondents 1 and 2 to consider the representation dated 15.06.2021 given by the petitioner within a time frame.
4.Considering the limited request made by the learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents 1 and 2 , this Court directs the respondents 1 and 2 to consider 3/6 https://www.mhc.tn.gov.in/judis W.P.No.14407 of 2021 the representation dated 15.06.2020 given by the petitioner and to pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after hearing the petitioner, the sixth respondent and the all other parties concerned.
5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
25.09.2024 vga Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.14407 of 2021 To
1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2.The Superintendent of Waqf, Tamil Nadu Waqf Board, No.512, Gandhi Road, Banrutti - 607 106, Cuddalore Zone.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.14407 of 2021 M.DHANDAPANI,J.
vga W.P.No.14407 of 2021 and W.M.P. Nos.15313 & 15314 of 2021 25.09.2024 6/6 https://www.mhc.tn.gov.in/judis