Madras High Court
Shajahan vs The Tamil Nadu Waqf Board on 31 August, 2023
W.P.(MD)No.20031 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No. 20031 of 2023
and
W.M.P(MD)No.16510 of 2023
Shajahan ... Petitioner
Vs.
1.The Tamil Nadu Waqf Board
Rep by its the Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
2.The Inspector of Waqf
Tamilnadu Waqf Board,
Madurai Regional Office,
No.1, Town Hall Road,
Madurai.
3.Kalifullah
4.Sabibulla
5.Sheiksikkandar
6.Sheik Mydeen
7.Sheik Abthaheer
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20031 of 2023
8.Mohammedaniba
9.Sheik Oli
10.Ayupkhan
11.Jahir Usain
12.Ameer
13.Abdhul Rahman
14.Sheik Mohamed
15.Thulkarunai
16.Sheik Zahir Hussain
17.Sathik Ali
18.Ahamed Atham
19.Syed Oli
20.Muhamadu Siddik
21.Hakkim
22.Asmadeen
23.Abdul Salam
24.Mubarak Ali
25.Ajees
26.Sauckathali
27.Sikkandar
28.Mohammed Aniba
29.Abubakar
30.Umar Shakubar
2/8
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W.P.(MD)No.20031 of 2023
31.Shajahan
32.Abbas
33.Mohammed Kajamaitheen
34.Sheikazarudeen
35.Raja Usen
36.Mohammed Yusuf
37.Sikkanthar
38.Ahmadhali
39.Shajagan
40.Sheik Ismail
41.Asan Muhammad
42.Mohammed Abdul Kadar
43.Sheik Abdulla
44.Soukkatali Pitchai
45.Kalangium
46.M.Abthaagir
47.M.Sheik Abdhul Kathar
48.Hakkeem
49.Sheik Saleem
50.Mohamed Batcha ... Respondents
(Respondents 3 to 50 are impleaded vide Court order
dated 31.08.2023 passed in
W.M.P.(MD)No.17815 of 2023)
3/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20031 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorari to call for the records relating to the impugned
election notification issued by the 2nd respondent in his proceedings in
Na.Ka.No.Pathivu /No.305/V.A.Thi.Kal/2023 dated 02.08.2023 and quash the
same as illegal.
For Petitioner : Mr.M.Mahaboob Athiff
For Respondents : Mr.D.S.Haroon Rasheed - for R1 & R2
Standing Counsel
Mr.S.Arjun - for R3 to R50
ORDER
This writ petition is filed to quash the impugned election notification,
dated 02.08.2023.
2. Heard Mr.M.Mahaboob Athiff, the Learned Counsel appearing for
the petitioner, Mr.D.S.Haroon Rasheed, the Learned Standing Counsel appearing
for the respondents 1 & 2, Mr.S.Arjun, the Learned Counsel appearing for the
respondents 3 to 50 and perused the material documents available on record.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20031 of 2023
3. The petitioner submitted that the Governing Committee /
Muthavalli was selected in the year 2022 and the tenure of the present office
bearers will expire only on 02.04.2025. When the fact being so, the 2 nd respondent
has issued the impugned election notification, dated 02.08.2023 in the Notice
Board of the Waqf. The contention of the petitioner is that 2nd respondent
Inspector of Waqf is not having any power to conduct election, since Wakf Board
has not power to conduct elections as held vide judgment dated 19.04.2023 by the
learned Single Judge in W.P.(MD)No.13695 of 2020 batch. Therefore the
impugned election notification is beyond the provisions of Laws.
4. However, the Learned Standing counsel appearing for the
respondents 1& 2 refuted the contention of the petitioner and stated that the
impugned notification is only to select the Governing Committee and not for
conducting election. The contention of the respondents 1 and 2 cannot be
accepted since when the present waqf has already selected the Governing
Committee and the present Governing Committee period is subsisting until
02.04.2025, then the 2nd respondent cannot interfere in the administration of the
present Governing Committee until the period is over.
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W.P.(MD)No.20031 of 2023
5. But the Learned Standing counsel appearing for the respondents 1
& 2 submitted that they had received several complaints against the present
Governing Committee. If that is so, the 2nd respondent is having power to conduct
enquiry in the said complaints, but straightaway cannot cancel the Governing
Committee. The 2nd respondent is directed to conduct enquiry on the complaints
after issuing notice to all the parties, including the members of present Governing
Committee and thereafter pass a speaking order. It is made clear that the 1 and 2
respondents shall grant effective hearing and conduct the enquiry in accordance
to law.
6. With the above terms, this Writ Petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 31.08.2023
Internet : Yes
NCC : Yes / No
ksa
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20031 of 2023
To
1.The Tamil Nadu Waqf Board
Represented by its the Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
2.The Inspector of Waqf,
Tamilnadu Waqf Board,
Madurai Regional Office,
No.1, Town Hall Road,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20031 of 2023
S.SRIMATHY, J
ksa
Order made in
W.P.(MD)No. 20031 of 2023
31.08.2023
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