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Judgment
1st petitioner claims that he is the secretary of the Tharibiyathul Islam Sangam, Porancheri, which is a registered body having registration
No.1185/1999 under the Societies Registration Act, 1860. As per the bye laws, the working committee of the body shall consist of not less than 7
but not more than 21 members and the period of the working committee shall be three years. On the expiry of the previous committee, a meeting
was convened on 10.11.2017 and in accordance with the bye laws, a new working committee was elected. The Registrar was accordingly
informed the formation of new committee by the 1st respondent. While so, the 2nd respondent issued Ext.P6 order at the instance of some other
persons. As per Ext.P6, respondents are restrained from conducting the election to the Jama-ath without prior permission of the Wakf Board. The
grievance of the petitioners is that they were unaware of such a complaint nor have they been served with any notice in this regard before passing
Ext.P6 order. Thus, Ext.P6 order is bad for violation of principles of natural justice and it will not survive in the light of the fact that the same was
passed without conducting any enquiry. This O.P is filed challenging Ext.P6 order.
Heard the learned counsel for the petitioners and the learned Standing Counsel for respondents 1 and 2.
It appears that Ext.P6 order was passed without conducting a proper enquiry and an opportunity of being heard was not given to the petitioner
before passing Ext.P6 order. In the above view, Ext.P6 order is set aside. The petitioner is at liberty to file an objection to Ext.P6 before
29.1.2018 and if such a petition is filed within the said time, the 2nd respondent shall consider the said objection and pass an order accordingly,
after affording an opportunity of being heard to the petitioner. The Original petition is disposed of as above.