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2024 Supreme(Online)(Mad) 88326

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P.D.AUDIKESAVALU
Haji M.I. Mohammed Ali – Appellant
Versus
The Special Officer – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2024 CORAM THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 35646 of 2019 and W.P. No. 825 of 2020 and W.M.P. Nos. 36546 of 2019, W.M.P. Nos.21544, 996 and 997 of 2020 W.P. No. 35646 of 2019 Haji M.I.Mohammed Ali … Petitioner -vs-

1. The Special Officer, Tamil Nadu Waqf Board, No. 1, Faffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, Tamil Nadu Waqf Board, No. 1, Faffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Superintendent of Wakf Coimbatore Zone, Tamil Nadu Waqf Board, 15-16 Avinashi Road, 1st Floor, Upplipalayam Masjid Building, Coimbatore - 641 018.

4. The State of Tamil Nadu represented by Secretary to Government, Backward Class and Minority Welfare Department, Fort St.George, Chennai - 600 009.

5. The District Collector, Coimbatore District, Coimbatore - 641 008. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents to consider the Petitioner representation dated 13.11.2019 and further direct the Respondents to prepare the electoral roll by including all the muslim men members of Coimbatore Corporation irrespective of this mother tongue and allow them to cast their votes for forthcoming administrative committee election for the Coimbatore Mettupalayam Road, Muslim burial ground (G.S. No. 95) "Hyder Ali Tippu Sulthan Dakni Sunnath Jamaatha Karbrastan (G.S. No. 98).

For Petitioner : Mr. N.R.Rajagopalan For Respondents : Mr. S.Haja Mohideen Gisthi (for R1 to R3)

Mr. V.Ravi, Special Government Pleader (for R4 & R5)

W.P. No. 825 of 2020 A.Ahmed Basha … Petitioner -vs-

1. The Chief Executive Officer, Tamil Nadu Waqf Board, No. 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Election Officer/The Superintendent of Waqf Tamil Nadu Waqf Board, D.No. 15-16, Mosque Buildings, Uppilipalayam, Avinashi Road, Coimbatore - 641 018. 3. Inspector of Waqfs Tamil Nadu Waqf Board, D.No. 15-16, Mosque Buildings, Uppilipalayam, Avinashi Road, Coimbatore - 641 018. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of order in Na. Ka. No. 95 & 98/Covai/Va.Ka/Covai/2019 dated 25.11.2019 passed by the Second Respondent herein and quash the same and consequently direct the Respondents not to admit new persons in the electoral roll and also not to take away the voting right of life members for the forthcoming administrative committee election Petitioner's Hyder Ali Tippu Sulthan Dhakni Jamia Mosque, Khabrasthan & Iduga Waqf (G.S. No. 98), situated at S.F. No. 517 and 518/2, Subbaiah Street-Thomas Street, within 80th Ward of Coimbatore Corporation, Coimbatore by considering the Petitioner's representation dated 02.09.2019 and 26.09.2019.

For Petitioner : Mr. N.A. Nissar Ahamed, Senior Counsel for Mr. N.A.Nassir Hussain For Respondents : Mr. S.Haja Mohideen Gisthi

C O M M O N O R D E R

Heard Mr. N.R.Rajagopalan, Learned Counsel for the Petitioner in W.P. No. 35646 of 2019, Mr. N.A. Nissar Ahamed, Learned Senior Counsel for the Petitioner in W.P. No. 825 of 2020, Mr. S.Haja Mohideen Gisthi Learned Counsel for the First to Third Respondents in W.P. No. 35646 of 2019 and Respondents in W.P. No. 825 of 2020 and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner in W.P. No. 35646 of 2019 has sought for direction to the First to Third Respondents to dispose the representation dated 13.11.2019 made by the Petitioner to prepare the electoral roll by including all the Muslim men members of Coimbatore Corporation irrespective of their mother tongue and allow them to cast their votes for forthcoming Administrative Committee election for the Coimbatore Mettupalayam Road, Muslim burial ground (G.S. No. 95) Hyder Ali Tippu Sulthan

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