The Madurai Bench of the Madras High Court dismissed a writ petition under Article 226 seeking mandamus for a peaceful election in a Wakf Board premises. The petition was dismissed for default due to the petitioner's absence in five successive listings.
Writ petition dismissed for default/non-prosecution; implead prayer disposed of as closed.
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.1142 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2021 CORAM THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD)No.1142 of 2016 and W.M.P.(MD)No.4552 of 2016
S.M.Jainoon ... Petitioner
Vs. 1.The Superintendent of Wakf Tamil Nadu Wakf Board, Town Hall Road, Madurai – 625 001. 2.The Inspector of Wakf, Tamil Nadu Wakf Board, Ramanathapuram. 3.The Sub-Inspector of Police, Thiruppulani Police Station, Thiruppulanai, Ramanathapuram District. 4.The President, Jalal Jamal Jumma Pallivasa, Periyapattanam Ramanathapuram District. 5.The Secretary, Jalal Jamal Jumma Pallivasa, Periyapattanam Ramanathapuram District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to ensure the peaceful election of New Administrative Committee in Jalal Jamal Jumma Pallivsal at Periyapattanam, Ramanathapuram District by permitting Sunnathval Jamath Members alone to participate by considering petitioner's representation dated 13.01.2016 within the period stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.Mohamed Hashim for Mr.N.Mohideen Basha Standing Counsel for R1 & R2 A.Baskaran, Additional Govt. Pleader for R3 No Appearance for R4
1/4
W.P(MD)No.1142 of 2016
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 19.11.2021, 23.11.2021, 24.11.2021 and 25.11.2021, which read as follows:
' 19.11.2021 :
Mr.N.Mohideen Basha, learned Standing Counsel for Tamil Nadu Waqf Board on behalf of respondents 1 and 2, Mr.A.Baskaran, learned Additional Government Pleader on behalf of third respondent and Mr.B.N.Raja Mohamed, learned counsel for implead petitioner vide W.M.P(MD). No.4552 of 2016 are before this Court.
2. Respondent No.4 has been duly served, name shown in the cause list and none appeared. Respondent No.5 remains unserved. It is also pointed out by learned Standing Counsel for Tamil Nadu Waqf Board that the prayer in the captioned writ petition has become infructuous as the elections were since been conducted.
3. However, Mr.A.Haja Mohideen, learned counsel on record for the lone writ petitioner submits that he has returned the papers to the writ petitioner and given change of vakalatnama. Registry to verify if any new counsel has entered appearance and show the name of the new counsel if the vakalatnama is in order. If that no be so, Registry to show the name of the writ petitioner with complete address as in the cause title in the next listing.
4. With the intention of giving opportunity to the writ petitioner, Registry to list this matter on 23.11.2021.
5. List on 23.11.2021.
23.11.2021 :
Read this in conjunction with and in continuation of earlier proceedings made in the listing on 19.11.2021.
2. Pursuant to the aforementioned earlier proceedings, Registry has shown the name of the writ petitioner together with full / complete address in the cause list. Notwithstanding, there is no representation for the writ petitioner.
2/4
W.P(MD)No.1142 of 2016
3. Regarding respondents, same set of learned Standing Counsel for Tamil Nadu Waqf Board and State Counsel are before me in this listing also.
4. Therefore, with the intention of giving further opportunity to the writ petitioner, Registry to list this matter tomorrow again.
5. List on 24.11.2021.
24.11.2021:
Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 23.11.2021, the position is no different today. In other words, Mr.N.Mohideen Basha, learned Standing Counsel on behalf of respondents 1 and 2 in the main writ petition and Mr.A.Haja Mohideen, learned counsel on record for the implead petitioner in captioned writ miscellaneous petition are before this Court. However, as there is no representation for the writ petitioner today also, with the intention of giving opportunity to the writ petitioner and writ petitioner's counsel, Registry is directed to list this matter again tomorrow.
2. List on 25.11.2021.
25.11.2021:
Read this in conjunction with and in continuation of earlier proceedings made in previous listings on 19.11.2021, 23.11.2021 and 24.11.2021, the position is no different today. In other words, Mr.N.Mohideen Basha, learned Standing counsel for Tamil Nadu Waqf Board on behalf of respondents 1 and 2, Mr.A.Baskaran, learned Additional Government Pleader representing the Additional Public Prosecutor's office for third respondent are before this Court.
2. In the light of there being no representation for the writ petitioner for three consecutive successive previous listings, Registry to list this matter under the caption 'FOR DISMISSAL' on Monday.
3. List on 29.11.2021.'
2.Pursuant to the last of the aforementioned proceedings made in the previous listing on 25.11.2021, captioned writ petition has been listed under the cause list caption 'FOR DISMISSAL' today. https://hcservices.ecourts.gov.in/hcservices/ Notwithstanding captioned writ petition being listed under the
3/4
W.P(MD)No.1142 of 2016
cause list caption 'FOR DISMISSAL', there is no representation for the writ petitioner today also. However, Mr.Mohamed Hashim, learned counsel representing Mr.N.Mohideen Basha, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of respondents 1 and 2 and Mr.A.Baskaran, learned Additional Government Pleader representing the additional public prosecutor's office for third respondent are before me.
3.As this is the fifth consecutive / successive listing, where there is no representation for writ petitioner, captioned writ petition is dismissed for default / non-prosecution. The captioned WMP has been filed with an impleading prayer but there is no representation for petitioner. The implead prayer has worked itself out and the captioned WMP is therefore, disposed of as closed. There shall be no order as to costs.
Assistant Registrar (A.D II)
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 Superintendent of Wakf Tamil Nadu Wakf Board, Town Hall Road, Madurai – 625 001.
2.The Inspector of Wakf, Tamil Nadu Wakf Board, Ramanathapuram.
3.The Sub-Inspector of Police, Thiruppulani Police Station, Thiruppulanai, Ramanathapuram District.
4.The President, Jalal Jamal Jumma Pallivasa, Periyapattanam, Ramanathapuram District.
RS (07.12.2021) 4P 6C
W.P(MD)No.1142 of 2016 29.11.2021
4/4
1 issue framed by the court
Whether the writ petition seeking mandamus for peaceful election in a Muslim religious trust should be dismissed due to non-prosecution?
S.M.Jainoon
The Superintendent of Wakf, Tamil Nadu Wakf Board
The Inspector of Wakf, Tamil Nadu Wakf Board
The Sub-Inspector of Police, Thiruppulani Police Station
The President, Jalal Jamal Jumma Pallivasa
The Secretary, Jalal Jamal Jumma Pallivasa
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
