1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN WP(MD)No.14276 of 2011 and MP(MD)No.1 of 2011 B.Mehtaj :Petitioner -Versus- 1. The Tamil Nadu Wakf Board, Represented by its Chairman, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. 2. The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. :Respondents PRAYER:Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to pass an order of extension of the appointment of the petitioner as trustee of Hasarath Khader Avuliya Wakf till new trustee is appointed or the appointment of the petitioner is extended by the respondents. For Petitioner : Mr.J.Barathan For Respondents: Mr.K.K.Senthil Standing Counsel for Wakf Board ORDER The petitioner has come up with the above Writ Petition, seeking a direction to the respondents to grant extension of the tenure of the Trustees of Hazarath Khader Avuliya Wakf, till new Trustees are appointed by the Board. 2.Heard Mr.J.Barathan, learned Counsel for the petitioner and Mr.K.K.Senthil, learned Standing Counsel for the respondents. 3.Admittedly, the tenure of office of the petitioner had already expired. It is the Wakf Board which is to appoint a new set of Trustees. But there is nobody to appoint members to the Wakf Board itself for the past seven months. 4.In such circumstances, I have already indicated in a decision rendered on 01.12.2011 in W.P(MD)No.13365 of 2011 that by virtue of the proviso to Section 19 of the Wakf Act 1995, the resigned Trustees will be deemed to be in office till a new set of Trustees is notified. Therefore, there is no impediment for the respondents to pass an order. https://hcservices.ecourts.gov.in/hcservices/ 2 5.However the learned Counsel for the respondents raised two objections, namely,  (a) that the Writ Petition is not maintainable and  (b) that the resignation of the erstwhile members of the Wakf Board has already been notified in the Gazette and that therefore Section 19 proviso will have no application. 6.On the first question, it is true that normally a Writ will not lie. But here there is an extraordinary situation due to the non-appointment of members of the Wakf Board for seven months. Therefore, this is not a case where I can drive the petitioner to the Wakf Tribunal. 7.On the second question, the statutory provision is very clear. As I have earlier pointed out, no institution can tolerate vacuum. 8.Therefore, the Writ Petition is disposed of, directing the first respondent to pass orders extending the tenure of office of the petitioner, till a new set of Trustees is appointed to the Wakf in question. The petitioner is entitled to discharge the functions of the Trustees till then. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registar (Accounts) / TRUE COPY / Assistant Registrar To: 1. The Chairman, The Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. 2. The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. +1CC to Mr.T.R.Jeyapalam, Advocate. SR.No.44644. PS RP/28.12.2011/2P/4C. W.P(MD)No.14276 of 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/