In a writ petition under Article 226 seeking an order to stall election proceedings of a Wakf society until the electoral list was prepared, the high court disposed of the matter as the election tenure had elapsed without expressing any opinion on 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.
WP(MD) No.19793 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021 CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.19793 of 2016 and W.M.P.(MD)No.14289 of 2016
Janab A.Mohamed Ibrahim
... Petitioner
Vs.
1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Cross Road, Vallal Seethakathi Nagar, Chennai – 600 001.
2.The Superintendent of Wakf, Tamil Nadu Wakf Board, No.1, Jaffar Cross Road, Vallal Seethakathi Nagar, Chennai – 600 001.
3.The Inspector of Wakf, Tamil Nadu Wakf Board,
1, Town Hall Road, Madurai – 625 001.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, by directing the respondents to stall their all further proceeding with regard to the election for the post of office bearers of Goripalayam Muslim Melakara Jamath Uravin Murai at the building of Arabi Madarsha, situated at No.3, Mohamadiar Street, Goripalayam, Madurai till the electoral list consisting of eligible voters is prepared by the said Jamath.
For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.S.A.Ajmalkhan, Standing Counsel.
O R D E R
Mr.N.Balasubramanian, learned counsel for sole writ petitioner and Mr.S.A.Ajmalkhan, learned Standing Counsel for Tamil Nadu Wakf Board on behalf of all the three respondents are before this Court.
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WP(MD) No.19793 of 2016
necessary to dilate on facts. Suffice to say that learned Standing Counsel for Tamil Nadu Wakf Board submits that the elections were since held on 01.12.2018 pursuant to directives of this Court in W.P.(MD)No.9308 of 2018 and W.P.(MD)No.13097 of 2017. The office bearers took charge for a tenure of three years and the three years tenure has also since elapsed the same being from 01.12.2018 to 30.11.2021. This factual position is not disputed. Therefore, captioned writ petition is disposed of recording the aforementioned stated positions of the parties without expressing any opinion or view on the merits of the matter. Consequently connected writ miscellaneous petition is also disposed of as closed. There shall be no order as to costs.
/ /2021 Sub Assistant Registrar(CS) 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 Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Cross Road, Vallal Seethakathi Nagar, Chennai – 600 001.
2.The Superintendent of Wakf, Tamil Nadu Wakf Board, No.1, Jaffar Cross Road, Vallal Seethakathi Nagar,Chennai – 600 001.
3.The Inspector of Wakf, Tamil Nadu Wakf Board, 1, Town Hall Road,Madurai – 625 001. +1 CC to M/s.V.SUKUMAR, Advocate ( SR-36425[F] dated 29/11/2021 )
W.P(MD)No.19793 of 2016 25.11.2021 PS(CO) KB(08.12.2021) 2P 5C
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1 issue framed by the court
Whether the writ petition for issuance of Writ of Mandamus to stall further election proceedings till the preparation of the electoral list warrants judicial intervention given undisputed facts.
1 provisions across 1 enactments
Janab A. Mohamed Ibrahim
The Chief Executive Officer, Tamil Nadu Wakf Board
The Superintendent of Wakf, Tamil Nadu Wakf Board
The Inspector of Wakf, Tamil Nadu Wakf Board
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
