Petitioner challenged the legality of a Wakf Board election held in 2010. This order dismissed the petition as infructuous because the tenure of the relevant notification had expired, expressly stating that no view on the merits was expressed.
Writ petition disposed of as closed without expressing any view on the merits.
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.
W.P.[MD]No.11146 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.11146 of 2010 and M.P.[MD]Nos.2 to 4 of 2010
Sheik Mohammed Pitchai Rowther, Muthawalli, Therku Theru Mohideen Andavar Pallivasal, Natham – 624 401. Dindigul District. ... Petitioner Vs.
1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.
2.The Superintendent of Wakf, Tamil Nadu Wakf Board, South Zone, Town Hall Road, Madurai – 625 001.
3.The Inspector of Wakf, Tamil Nadu Wakf Board, Dindigul, Dindigul District.
4.M.Sulthan 5.A.Y.Ameer Zahir Siddiq 6.S.Erwadi @ Peer Mohammed
7.Sharbudeen 8.A.Shajahan 9.M.Nizamudeen 10.M.Abdul Ahamed 11.Sakkarai Mohammed Farook 12.S.Ismail 13.S.Kamarudeen
14.Sheik Dawood ... Respondents
P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, declaring that the election held on 03.04.2010 and consequential declaration of election of respondents 4 to 14 by the first respondent in his proceedings in NA.Ka.No.8588/08/Thi.Kal/A15 dated 09.04.2010 as illegal and invalid.
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W.P.[MD]No.11146 of 2010
For Petitioner : Mr.L.Shaji Chellan For Respondents 1 to 3 : Mr.S.A.Ajmal Khan Standing Counsel For Respondents 4 to 14 : No appearance
O R D E R
Mr.L.Shanji Chellan, learned Counsel on record for the writ petitioner mentioned the matter at half past one.
2. Learned Counsel for writ petitioner and Mr.S.A.Ajmal Khan learned Standing Counsel for Tamil Nadu Wakf Board on behalf of respondents 1 to 3 are before me.
3. Both the aforementioned learned Counsel submit that the captioned main writ petition has become infructuous as the tenure qua the impugned election notification itself is now over.
4. Recording this stated position of the parties about which there is no disputation or disagreement, captioned writ petition is disposed of as closed. Though obvious, it is made clear the no view on the merits of the matter is expressed in this order. Consequently, captioned Miscellaneous Petitions are closed. There shall be no order as to costs.
Sd/-
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
MR
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Chairman,
Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.
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W.P.[MD]No.11146 of 2010
2.The Superintendent of Wakf, Tamil Nadu Wakf Board, South Zone, Town Hall Road, Madurai – 625 001.
ORDER MADE IN W.P.[MD]No.11146 of 2010 25.11.2021
DJ (CO) GC(10.12.2021) 3P 4C
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1 issue framed by the court
Whether the writ petition for declaring the election illegal and invalid remains maintainable given that the tenure of the impugned election notification has expired.
1 provisions across 1 enactments
Sheik Mohammed Pitchai Rowther And Others
Chairman, Tamil Nadu Wakf Board
Superintendent of Wakf, Tamil Nadu Wakf Board, South Zone
Inspector of Wakf, Tamil Nadu Wakf Board, Dindigul
M.Sulthan
A.Y.Ameer Zahir Siddiq
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
