Madras High Court
Syed Ali vs Tamil Nadu Waqf Board on 18 July, 2023
W.P.(MD).No.5053 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.5053 of 2023
and
W.M.P.(MD).Nos.4733 and 4734 of 2023
Syed Ali ... Petitioner
Vs.
1.Tamil Nadu Waqf Board,
Represented by its Chairman,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
3.The Superintendent of Waqf / Election Officer,
Virudhunagar District,
Office at the Superintendent of Waqf Board,
Ramanathapuram.
4.The Inspector of Waqf,
Virudhunagar District,
Office at the Superintendent of Waqf Board,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD).No.5053 of 2023
5.M/s.Sivakasi Shabashkhan Gori Mosque
And South Mosque,
Represented by its Secretary,
Sivakasi,
Virudhunagar District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order passed by the third respondent in
Na.Ka.G.S.198 and 200/Rama/Dhe.A/Vaka/Rama/2023 dated 17.02.2023 and
quash the same and consequently direct the 1 to 4 respondents to revise the list
of voters and add the eligible voters in the 5th respondent Waqf after
conducting proper enquiry.
For Petitioner : Mr.K.Navaneetharaja
For R-1 to R-4 : Mr.K.K.Senthil,
Standing Counsel.
For R-5 : Mr.P.Athimoola Pandian
ORDER
This Writ Petition is filed challenging the impugned order dated
17.02.2023 passed by the third respondent and consequently direct the 1 to 4
respondents to revise the list of voters and add the eligible voters in the 5th
respondent Waqf after conducting proper enquiry.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.5053 of 2023
2. The impugned order in this Writ Petition is the Election Notice No.3,
wherein the election authority i.e. the Waqf Board has added 17 members in the
voters list. However, it has rejected the claim of 183 members. The petitioner
is one among 183 members and his name is rejected, hence he is before this
Court.
3. The contention of the petitioner is that he is a resident of Sivakasi and
he is residing there for the past 60 years and he has his own house and hence he
claims that he is entitled to be a member of the said Mosque. But the
respondents stiffly rejected the claim of the petitioner by citing that the said
Waqf belongs to hereditary and if any new members ought to be added, it
should be according to the by-laws. The petitioner is granted the right of
worship and right to enter the Mosque and also conduct marriage or any other
functions in accordance to the customs. However, he is not granted
membership. The learned counsel appearing for the respondents relied on the
judgment rendered by this Court in the case of the Adhoc Committee Vs
K.S.Mohamed Nazar reported in 2009 (4) CTC 129 and the relevant portion is
extracted hereunder:
“20. Therefore, no person can be denied admission into a
Mosque, for the purpose of offering prayers. In other
words, the right of admission to a Mosque, cannot be
restricted, if the purpose of entry is for offering worship.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.5053 of 2023
But the right of entry and right to worship in a Mosque, are
not synonymous with the right to become a member of the
Jamaath. The right to become a member of the Jamaath
and the right to elect or get elected to the Executive
Committee of the Jamaath, are not automatic and these
rights cannot be equated to the right to offer worship in a
Mosque”.
4. Therefore, following the said judgment, this Court is of the considered
opinion that the right to become member of the mosque is not automatic. The
petitioner's right to become member has to be scrutinized based on the by-law
and evidence. Hence, this Writ Petition cannot be entertained. If at all the
petitioner is aggrieved, he has an alternative remedy to file an appeal before the
Board or to file a petition before the Tribunal. Therefore, petitioner is at liberty
to file appropriate petition and raise all grounds that is available to him.
5. With the above observations, this Writ Petition is dismissed. There
shall be no order as to costs. Consequently, connected miscellaneous petitions
are closed.
18.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.5053 of 2023
To
1.The Chairman,
Tamil Nadu Waqf Board,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
3.The Superintendent of Waqf / Election Officer,
Virudhunagar District,
Office at the Superintendent of Waqf Board,
Ramanathapuram.
4.The Inspector of Waqf,
Virudhunagar District,
Office at the Superintendent of Waqf Board,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.5053 of 2023
S.SRIMATHY, J.
Nsr
W.P.(MD).No.5053 of 2023
18.07.2023
https://www.mhc.tn.gov.in/judis
