The President/Secretary Of vs S.Ajaz
2023 Latest Caselaw 6230 Mad

                                                                                   L.P.A.No.5 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 14.06.2023

                                                       CORAM

                                    THE HON'BLE Mr. JUSTICE R. MAHADEVAN
                                                     AND
                                  THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ

                                                 L.P.A.No.5 of 2023
                                                        and
                                               C.M.P.No.11020 of 2023


                The President/Secretary of
                Syed Sadiq Mosque and Dargah Wakf
                Mangadu
                Chennai 600 122                                                     .. Appellant

                                                          Vs.

                1.S.Ajaz

                2.A.B.Rafiullah
                Chief Executive Officer
                Tamil Nadu Wakf Board
                No.1, Jaffer Syrang Street
                Vallal Seethakathi Nagar
                Chennai 600 001                                                      .. Respondents

                          Letters Patent Appeal filed under Clause 15 of Letters Patent, to set aside
                the interim order dated 21.04.2023 passed in Contempt Petition No.985 of
                2023.




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                                                                                  L.P.A.No.5 of 2023

                                  For Appellant        : Mr.K.Sasindran
                                  For 1st Respondent   : Mr.M.J.Jaseem Mohamed
                                  For 2nd Respondent   : Mr.Haja Mohideen Gisti


                                                       JUDGMENT

(Judgment of the court was delivered by R. MAHADEVAN, J.)

Seeking a direction to the 2nd respondent/Wakf Board to conduct election

to the appellant/Syed Sadiq Mosque and Dargah Wakf, Mangadu, the

1st respondent had filed W.P.No.20528 of 2022. The learned Judge, by order

dated 22.08.2022, disposed of the said writ petition directing the 2 nd respondent

to conduct election to the appellant-Mosque and Dargah within a period of six

months. Since the 2nd respondent had not taken any steps to comply with the

direction issued by the learned Judge in W.P.No.20528 of 2022, the

1st respondent filed a Contempt Petition in Cont.P.No.985 of 2023. When the

contempt petition came up for hearing on 21.04.2023, the learned Judge

directed the 2nd respondent to take over the administration of the Wakf, pending

disposal of the contempt petition. Challenging the order dated 21.04.2023, the

present Letters Patent Appeal has been filed by the appellant.

2. Mr.Haja Mohideen Gisti, learned counsel appearing for the https://www.mhc.tn.gov.in/judis

L.P.A.No.5 of 2023

2nd respondent submitted that pursuant to the order dated 21.04.2023 passed by

the learned Judge, the second respondent has taken possession of the

administration of the Wakf.

3. The above submission of the learned counsel for the second respondent

was stoutly denied by the learned counsel for the appellant.

4. In view of the above submissions and as agreed by both the parties,

this appeal is disposed of with a direction to the 2 nd respondent/Wakf Board to

complete the election process within a period of ten weeks from the date of

receipt of a copy of this order. Till such time, both the parties shall maintain

status quo existing as on today. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                      [R.M.D,J.]         [M.S.Q, J.]
                                                                               14.06.2023
                Internet : Yes
                Neutral Citation : Yes/No
                gya



                                                                            R. MAHADEVAN, J.
                                                                                       AND

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

                                          L.P.A.No.5 of 2023

                                  MOHAMMED SHAFFIQ, J.

                                                        gya




                                        L.P.A.No.5 of 2023




                                               14.06.2023




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