Madras High Court
M.Bilal Mohamed vs Mr.A.B.Rafiulla on 25 September, 2023
CONT P.(MD).No.1644 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
CONT P(MD).No.1644 of 2023
1.M.Bilal Mohamed
2.M.Raja Mohamed ... Petitioners
vs.
1.Mr.A.B.Rafiulla, M.Sc(Ag).,
The Chief Executive Officer,
Tamil Nadu Wakf Board,
Door No.1, Jafar Sirang Street,
Vallal Seethakathi Nagar,
Chennai-600 001.
2.Mr.Kadhar Sarif,
The Superintendent of Wakf,
Tamil Nadu Wakf Board,
Madurai District,
Madurai-625 001.
3.Mr.Nijam,
The Inspector of Wakf,
Tamil Nadu Wakf Board,
Madurai-625 001. .. Respondents
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CONT P.(MD).No.1644 of 2023
PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act,
to punish the respondents for his willful non-compliance on the order of this
Court passed in W.P.(MD)No.3347 of 2023 dated 14.03.2023.
For Petitioners : Mr.A.Haja Mohideen
For Respondents : Mr.G.Chandra Sekar,
Standing Counsel
ORDER
This contempt petition is filed to punish the respondents for his
willful non-compliance on the order of this Court passed in W.P.(MD)No.3347
of 2023 dated 14.03.2023.
2. Heard the learned Counsel appearing for the petitioners and the learned
Standing Counsel appearing for the respondents and perused the materials
available on record.
3. The first respondent has already initiated proceedings, called for
objections from the interested parties in order to frame modalities for
conducting election. Therefore, this Court has recorded the said contention and
directed the respondents to conduct election within a period of three months.
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CONT P.(MD).No.1644 of 2023
However, in W.P.(MD)No.13605 of 2020 vide judgment dated 19.04.2023, it
has been held that the Waqf Board is not having power to conduct election.
Hence this Court has recorded the same in W.P.(MD)No.9431 of 2023 vide
order dated 06.07.2023 and directed the first respondent Waqf Board to take
Mohaideen Andawar Periya Pallivasal under direct management and thereafter
conduct an election within a period of one year without seeking any further
extension.
4. In the order it was also held that the Adhoc Committee was appointed
to retrieve the wakf properties and was given mandate until 01.02.2024. After
completion of the said period the adhoc committee shall not seek any extension
and the Board is restrained from granting any extension of period of adhoc
committee. The relevant portion of this is extracted hereunder:
8. After considering the rival submissions, this Court is of the
considered opinion that the Waqf Board is not having power to
conduct elections and hence the this Court is directing the Waqf
Board to take Mohaideen Andawar Periya Pallivasa under its direct
Management and thereafter conduct an election. The said election
shall be conducted within a period of one year, without seeking any
extension of time. All parties shall cooperate to conduct smooth
election. After election, the Wakf Board shall hand over the
management to the Managing Committee.
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CONT P.(MD).No.1644 of 2023
9. As far as the appointment of Adhoc Committee, if the
properties are retrieved, it is good for the Pallivasal and hence, it
cannot be found fault with. Since the adhoc committee was given a
mandate until 01.02.2023 to retrieve the Waqf properties which were
encumbered, hence the said noble cause shall be completed and the
Adhoc Committee shall continue until 01.02.2023. After completion of
the said mandate, the Adhoc Committee shall not seek any extension
of time and the Board is also restrained from granting any extension.
It is also made clear that the mandate granted to the Adhoc
Committee cannot be extended for any other purpose as well. After
completion of election, the Managing Committee shall take over the
noble mandate of retrieval of the properties.
4. Because of the proposition held in W.P.(MD)No.13605 of 2020 vide
judgment dated 19.04.2023 that the Wakf Board has no power to conduct
election, based on this Judgment this Court had passed an order in W.P.
(MD)No.9431 of 2023 vide order dated 06.07.2023, hence the order passed in
W.P.(MD)No.3347 of 2023 could not be complied by the respondent. Therefore,
there is no contempt as alleged. Even if the case of petitioner ought to be
accepted, subsequent judgment rendered in W.P.(MD)No.13605 of 2020 has
settled the issue of validity of law, hence the judgment rendered in W.P.
(MD)No. 3347 of 2023 would be against law. Therefore, from any angle there is
no contempt as alleged.
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CONT P.(MD).No.1644 of 2023
5. Hence, this Contempt Petition is closed. There shall be no order as to
costs.
Index : Yes / No 25.09.2023
Internet : Yes
NCC : Yes / No
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CONT P.(MD).No.1644 of 2023
S.SRIMATHY, J
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CONT P(MD).No.1644 of 2023
25.09.2023
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