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2023 Supreme(Mad) 2980

MOHAMMED SHAFFIQ
Mohammed Yusuf – Appellant
Versus
Tamil Nadu Wakf Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Mahaboob Athiff
For the Respondents: Mr.N.Mohideen Basha, Mr.D.S.Haroon Rasheed, Mr.K.K.Senthil, Mr.G.Chandrasekar,

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to permit the petitioner to administer the Mohideen Jumma Pallivasal Wakf, Sambankulam, till a newly elected administrative committee of the Wakf takes over in light of the order dated 20.12.2011 made by this Court in W.P(MD) No.14276 of 2011.

The common issue that arises for consideration in this batch of Writ Petitions and Civil Revision Petition is whether the Tamil Nadu Wakf Board (hereinafter referred to as the “Board”), as defined under Section 3(c) and incorporated under Section 13 of the WAKF ACT , 1995 (hereinafter referred to as the “Act”) or the Chief Executive Officer (hereinafter referred to as “CEO”) appointed under Section 23 of the Act has the authority/power to hold/control elections to individual Wakfs/auqafs or interfere with electoral issues in terms of the provisions of the Act.

2. Brief Facts:

Before proceeding to deal with the issue/question which is common it may be relevant to give an overview of the facts that may be relevant.

2.1 WP (MD) Nos. 24058 of 2018 and 13695 of 2020:

The Writ Petition in W.P.(MD).No.240

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