1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.14805 of 2011 and M.P(MD)No.1 of 2011 Makkathambi, President, Ad-hoc Committee, Muslim Jamath Wakf, Kottaipattinam, Pudukottai District. ... 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 respondents to pass an order of extension of the appointment of the Ad-hoc Committee of Kottaipattinam Muslim Jamath Wakf till new trustee is appointed or the appointment of the Ad-hoc Committee is extended by the respondents. For Petitioner : Mr.J.Barathan For Respondents : Mr.K.K.Senthil Standing Counsel for Wakf Board O R D E R 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 Kottaipattinam Muslim Jamath 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 is going to expire on 30.12.2011. 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. https://hcservices.ecourts.gov.in/hcservices/ 2 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. 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/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1. The Chairman, 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. W.P(MD)No.14805 of 2011 22.12.2011 pm NSV/4.1.12/2P/3C https://hcservices.ecourts.gov.in/hcservices/