Madras High Court
The Muthavalli vs The Chief Executive Officer on 23 September, 2021
W.A.No.444 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.444 of 2021
The Muthavalli,
Jamia Masjid,
Kottakuppam,
Vanur Taluk,
Villupuram District.
Rep by K.A.Abdul Rauf ... Appellant
vs
1.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrong Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Superintendent of Waqf,
Cuddalore Zone,
No.512, Gandhi Salai,
Panruti, Cuddalore District. ... Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent praying
to set aside the order made in W.P.No.7646 of 2014 dated 25.01.2019.
****
For Appellant : Mr.M.Muthusamy
For Respondents : Mr.V.Lakshmi Narayanan
1/4
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W.A.No.444 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
The writ appeal has been filed challenging the order passed in
W.P.No.7646 of 2014 dated 25.01.2019.
2. The Writ Petition is originally filed by the writ petitioner in
the capacity of the Muthavalli, Jamia Masjid, Kottakuppam seeking a
direction, forbearing the respondents/Wakf Board from conducting
election for the Administrative Committee of the petitioner-Wakf.
3. According to the petitioner, there are about 11 pallivasals
coming under the purview of the above Wakf Board and they have their
own customs to follow. In the affidavit filed in support of the writ
petition, it has been categorically stated that an adhoc committee used
to be formed once in three years to select the Executive Committee
members and other office bearers including the Muthavalli and the
same has been practised for the last sixty years. The same custom is
now being followed by the Wakf Board to conduct the election of the
Executive Committee, which is now sought to be stalled by the
appellant/writ petitioner. However, the Writ Court granted permission
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W.A.No.444 of 2021
to the Wakf to conduct election in the month of May, 2019 after
completing the Ramzan celebration.
4. Heard the learned counsel for the appellant and the learned
counsel appearing for the respondents.
5. The learned counsel appearing for the respondents would
state that till now the process is on and so far no election has been
conducted in view of the Pandemic situation.
6. Despite the specific direction given by the Writ Court, for
the last two years, there seems to be no progress and it is also not
known, how the Wakf Board has been administered.
7. In view of the above, this Court, directs the respondents to
conduct the election to elect the Executive Committee members and
other office bearers including Muthavalli for the appellant/writ
petitioner-Jamia Masjid and report compliance to this Court on or
before 31.12.2021.
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W.A.No.444 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
8. With the above directions, the Writ Appeal is disposed of.
No costs.
7. Post the matter 'For Reporting Compliance' in the first week
of January, 2022.
[P.S.N., J.] [K.R., J.]
23.09.2021
Index : Yes/No
Internet : Yes/No
rsi
To
1.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrong Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Superintendent of Waqf,
Cuddalore Zone,
No.512, Gandhi Salai,
Panruti, Cuddalore District.
W.A.No.444 of 2021
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