S MOOSA Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) This writ petition has been filed for issuing Writ of Certiorarified Mandamus quashing a portion of the order dated 29.7.2000 in Rc.No.5142/B1/93/TUT and for a further direction to Wakf Board to constitute the electorate of the General Council in accordance with bye-laws of the Wakf framed by the General Council on 29.7.1960.

(2.) The petitioners are the members of the General Council and some of them are office bearers of the Managing Committee. The Wakf was formed in 1958 on the land donated by one Jb.L.K. Sheik Mohamed, who is still continuing as Muthawalli of the Wakf. The first General Council meeting of the Wakf was held on 3.6.1960 and on 29.7.1960 the General Council framed bye-laws for the Wakf which was approved by the members of Jamath on the said date. The respondent Wakf Board passed an order on 18.4.1998 regarding election to the Executive Committee and W.P.No.7307 of 1998 was filed by the Muthawalli. Said writ petition was disposed of on 3.2.2000 directing the Wakf Board to reconsider the question of electorate of the General Council for the purpose of electing the Managing Committee. Subsequently, on 25.4.2000, the present impugned order has been passed by the Board.

(3.) The relevant portion of the said order is to the following effect :