Disposed

A.Abdul Basheer, v. the Chief Executive Officer

Madras HC8 Mar 2024WP/5485/2024

Case brief

AI extract

What is this about?

Petitioners sought a mandamus to direct Wakf Board authorities to consider their representation seeking inclusion in the voters' list and reformed by-laws for a waqf before conducting elections. The Court, without expressing any view on merits, directed the authority to examine the representation, seek deficiencies if any, hold an enquiry with personal hearing, and pass a reasoned order.

What did the court decide?

Authority directed to examine representation dated 29.01.2024, communicate deficiencies, conduct enquiry with hearing if required, pass reasoned order, file compliance report by 31.08.2024.

A.Abdul Basheer, Vs the Chief Executive Officer — Writ and Judicial Review | Madras HC (2024)

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W.P. No. 5485 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.03.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. No. 5485 of 2024 and

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W.M.P. Nos. 6060 and 6062 of 2024

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A.Abdul Basheer

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A.Thajudeen 3. A.Abdulrajack

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J.Mohamed Taseeb … Petitioners

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-vs-

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The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001, Tamil Nadu.

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The Tamil Nadu Wakf Board, Rep. by its Chairman, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001, Tamil Nadu.

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The Superintendent of Waqfs, Thanjavur Zone, No. 27, Neethi Nagar, OPP: Jumma mosque, Court Road, Thanjavur - 613001, Tamil Nadu.

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https://www.mhc.tn.gov.in/judis

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1/7

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W.P. No. 5485 of 2024

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Vijayapuram Mahanimul Hasarath Arabic, Madrasah & Pallivasal Waqf, Represented by its President, Ellaiamman Koil South Street, Vijayapuram, Thiruvarur - 610001, Tamil Nadu. ... Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the Respondents to properly consider the representation dated 29.01.2024 given by the Mohalladhars and Petitioners herein within a time frame and conduct elections after reforming the by-laws for the Fourth Respondent waqf by adding the rightful Mohalladhars and the Petitioners who are active members and also regularly paying the subscriptions for the Fourth Respondent Waqf.

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For Petitioners : Mr. M.Adeeb Mohammed For Respondents : Mr. Avinash Wadhwani (for R1 to R3)

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O R D E R

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Heard Mr. M.Adeeb Mohammed, Learned Counsel for the Petitioners and Mr. Avinash Wadhwani, Learned Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

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The grievance ventilated by the Petitioners is that the Jamathars and the applicants for inclusion of their name in the voters' list of the Waqf of the Fourth https://www.mhc.tn.gov.in/judis 2/7

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W.P. No. 5485 of 2024

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Respondent in Vijayapuram Village, Tiruvarur District had made the representation dated 29.01.2024 to conduct elections after including the members, who are active and regularly paying the subscriptions, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

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Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:-

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(i) the concerned authority shall immediately examine the representation dated 29.01.2024 made by the Jamathars and the applicants for inclusion of their name in the voters' list of the Waqf of the Fourth Respondent in Vijayapuram Village, Tiruvarur District including ascertaining as to whether they would be entitled for the relief claimed;

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(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioners requiring the same to be furnished within a time frame of not less than 10 days for the same;

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(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners and all other persons concerned to explain their

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https://www.mhc.tn.gov.in/judis

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W.P. No. 5485 of 2024

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position in that regard;

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(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and

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(v) the report of such compliance shall be filed by 31.08.2024 before the Registrar (Judicial) of the Court.

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In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.

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08.03.2024

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Index: Yes/No NCC: Yes/No

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Note: Issue order copy by 18.04.2024.

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pal/Gsa

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The Chief Executive Officer, Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001, Tamil Nadu.

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The Chairman, The Tamil Nadu Wakf Board, No. 1, Jaffar Syrang Street,

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https://www.mhc.tn.gov.in/judis

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4/7

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W.P. No. 5485 of 2024

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Vallal Seethakathi Nagar, Chennai - 600001, Tamil Nadu.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 5485 of 2024

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The Superintendent of Waqfs, Thanjavur Zone, No. 27, Neethi Nagar, OPP: Jumma mosque, Court Road, Thanjavur - 613001, Tamil Nadu.

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Copy to

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A.Abdul Basheer, S/o. Abdul Rasheed, No. 135, Nethaji Road, Thiruvarur – 610 001.

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A.Thajudeen, S/o. Amanulla, 82, A, IP Kovil South Street, Vijayapuram, Thiruvarur – 610 001.

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A.Abdulrajack, S/o. Akbar Ali, 25, D/5, Periyamill Street, Thiruvarur – 610 001.

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J.Mohamed Taseeb, S/o. Jagabar Ali, 38 D, IP Kovil South Street, Vijayapuram, Thiruvarur – 610 001.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 5485 of 2024

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P.D. AUDIKESAVALU, J.

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pal/Gsa

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W.P. No. 5485 of 2024

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08.03.2024

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https://www.mhc.tn.gov.in/judis

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A.Abdul Basheer, v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

A.Abdul Basheer, v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

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