In a writ petition challenging an election notification, the Court held the prayer did not survive due to delay. The petitioner was directed to approach the appropriate authority afresh.
The petition was disposed of; the petitioner is directed to approach the appropriate authority afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.12271 of 2017
and WMP.No.13050 of 2017
Anwar ...Petitioner
Vs
Tamil Nadu Wakfs Board, No.1, Jaffar Cyrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
Big Mosque Complex,
Poonamallee, Chennai – 600 056.
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the election notification dated 21.04.2017 issued by the second respondent under proceedings SE.MU.Order No.186/Kanchi/17 and quash the same and consequently direct the respondents 1 to 3 to conduct the election by preparing genuine and proper Electoral Roll for the election of the officer bearers of Butt Road Jumma Masjid Managing Committee.
For Petitioner : Mr.R.Balachanderan
For Respondents : Mr.Lakshmi Narayanan
ORDER
Heard both sides and perused the materials available on records.
2.Challenging the notification dated 21.04.2017 issued by the second respondent and seeking a direction to the respondents 1 to 3 to conduct election of the office bearers of Butt Road Jumma Masjid Managing Committee by preparing genuine and proper Electoral Roll, the present writ petition came to be filed by the petitioner.
3.This Court is of the opinion that the prayer made herein does not survive at this length of time. Hence, the petitioner is at liberty to approach appropriate authority afresh, if the same cause of action still continues. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
av
W.P.No.12271 of 2017
GSM (CO)
K.RK. (05.10.2021)
1 issue framed by the court
Whether the prayer to quash the election notification and direct a fresh election survives given the length of time before the file.
1 provisions across 1 enactments
Anwar
The Chief Executive Officer, Tamil Nadu Wakfs Board
The Superintendent of Wakfs/Election Officer, Thiruvallur & Kancheepuram District
The Inspector of Wakf, Thiruvallur & Kancheepuram District
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
