High Court · 2025

Writ Petition No.24502 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.07.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.24502 of 2025andW.M.P.No.27610 of 2025A.S.Mahaboob BashaS/o.Abdul Subhan... PetitionerVs.1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2.The Tamil Nadu Wakf Board, represented by the Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.3.The Superintendent of Waqf, Kancheepuram District, Tamil Nadu Waqf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 20254.The Inspector of Waqf, Kancheepuram District, Tamil Nadu Waqf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.5.Baboo Khan Masjid Pallikoodathan Mudali Street, Adisanpettai, Chinna Kancheepuram - 631 501.6.Syed Yaseen Awlia Dargah No.376, Gandhi Road, Chinna Kancheepuram - 631 501.7.A.Jalal Sheriff S/o.Abdullah Khan ... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the proceeding br/K/Miz/13610-10-M4- fh";rp dated 12.05.2025 of the second respondent and the Resolution dated 19.11.2024 in e/f/vz;/13610-10-M4-fh";rp. ,dk; vz;/23-240 issued by the first respondent, quash the same, consequently direct the respondents 1 to 3 from interfering with the peaceful management of the Auqaf by the petitioner. For Petitioner: Mr.C.D.SugumarFor Respondents: Mr.Abdul Mubeen Standing Counsel [R1 to R4]*****2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 2025O R D E RThis writ petition has been filed challenging the proceedings of the first respondent dated 19.11.2024 appointing the seventh respondent as Muthawalli.2. Heard Mr.C.D.Sugumar, learned counsel for the petitioner and Mr.Abdul Mubeen, learned Standing Counsel appearing for respondents 1 to 4.3. The case of the petitioner is that as per the Proforma dated 06.03.1957, the sanction to the office of the Muthawalli is hereditary by custom. According to the petitioner, the maternal grandfather late Mr.Rahamathullah Khan was the first proforma Muthawalli to both the Aquaf i.e. respondents 5 and 6. The proforma Muthawalli died in the year 1971 and there was no suitable person to administer the respondents 5 and 6. Taking advantage of the same, an attempt was made by some third parties to grab the administration without the sanction or permission of the Waqf Board. The further case of the petitioner is that he is the second son of one of the daughter of the proforma Muthawalli. Therefore, as grandson of the proforma Muthawalli, the petitioner submitted an 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 2025application in the year 2000 and requested respondents 1 to 3 to appoint him as the hereditary Muthawalli of the Aquaf. The same was not immediately considered and the Aquaf was under the direct management of the Tamil Nadu Waqf Board for nearly 17 years from 2000 to 2019. Ultimately, based on the application submitted by the petitioner on 19.01.2019, the Waqf Board appointed the petitioner as the hereditary muthawalli of respondents 5 and 6. However, his tenure was restricted to three years and the grievance of the petitioner is that the hereditary muthawalliship was converted into a regular muthawalliship.4. Aggrieved by the same, the petitioner filed A.A.No.3 of 2020 before the Waqf Tribunal, Chennai and the said appeal is pending. During the pendency of this appeal, the third respondent issued a notice dated 08.12.2022 for constituting a Management Committee for the respondents 5 and 6. The petitioner submitted a representation on 09.01.2023 to the respondents 1 and 2 requesting them not to conduct any election with respect to the Aquaf. However, applications were called for, for constituting a new Management Committee. Aggrieved by the same, the petitioner filed W.P.No.11911 of 2024 and the said writ petition is pending.4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 20255. While the appeal filed by the petitioner before the Tribunal is pending and the writ petition filed by the petitioner against constitution of new Management Committee is pending, the impugned proceedings dated 12.05.2025 came to be issued by the second respondent based on the resolution dated 19.11.2024 issued by the first respondent and thereby, the seventh respondent was appointed as the Muthawalli. Aggrieved by the same, the present writ petition has been filed before this Court.6. In the considered view of this Court, the tenure of the muthawalliship of the petitioner has come to an end. Till date, the appeal filed by the petitioner before the Tribunal has not been decided. Curiously, the petitioner did not make any attempt to get this appeal disposed of at the earliest point. Therefore, the restriction of the muthwalliship tenure is yet to be decided by the Tribunal. Insofar as the appointment of new Management Committee is concerned, it is an independent issue, which has to be agitated in the pending writ petition. While so, if the tenure of the petitioner has come to an end as per his initial appointment order dated 05.03.2019, obviously the official respondents will take steps to appoint a muthawalli. Accordingly, the 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 2025seventh respondent has been appointed as the muthawalli. The same cannot be interfered with by this Court for the simple reason that the appeal filed by the petitioner is pending before the Tribunal. Apart from the same, there are other disputed facts, which have been raised by the learned Standing Counsel appearing on behalf of the Waqf board.7. In the light of the above discussion, it is left open to the petitioner to work out his remedy in the pending appeal before the Tribunal. If ultimately, the Tribunal holds that the muthawalliship of the petitioner should not have been restricted for three years considering the fact that it is a hereditary muthawalliship, obviously the subsequent appointment of the muthawalli will automatically stand cancelled. Till this event takes place, the appointment of the seventh respondent as muthawalli cannot be interfered with by this Court.8. In order to bring to an end to the present stand off between the petitioner and the Waqf Board, there shall be a direction to the Tamil Nadu Waqf Tribunal to dispose of the pending appeal in A.A.No.3 of 2020 after affording opportunity to all parties concerned within a period of three (3) months from the date of receipt of a copy of this order. 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 2025Depending upon the final decision taken by the Tribunal, the petitioner can work out his remedy.This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.08.07.2025Neutral Citation: Yes/NoIndex: yes/noSpeaking Order/Non-Speaking OrdergmTo1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.3.The Superintendent of Waqf, Kancheepuram District, Tamil Nadu Wakf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.4.The Inspector of Waqf, Kancheepuram District, Tamil Nadu Waqf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24502 of 2025N.ANAND VENKATESH, JgmWrit Petition No.24502 of 202508.07.20258/8