[Cites 4, Cited by 0]
Madras High Court
Dr.S.Muhammed Afzal vs The Tamil Nadu Wakf Board on 26 December, 2025
W.P(MD)No.36881 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.12.2025
CORAM
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD)No.36881 of 2025
and
W.M.P(MD)Nos.29335 & 29336 of 2025
Dr.S.Muhammed Afzal ... Petitioner
Vs.
1.The Tamil Nadu Wakf Board,
Represented by its
Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
2.The Superintendent of Wakfs,
Office of the Superintendent of Wakfs,
No.51/80, KAP Campus,
Soolavanigarpuram,
Thiruvananthapuram,
Palayamkottai,
Tirunelveli. ... 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
1/10
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W.P(MD)No.36881 of 2025
the records pertaining to the file of the second respondent and quash the
impunged Announcement of election no.4 dated 11.12.2025 issued by the
second respondent and consequently pass an order for conducting of the
election to the ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath)
strictly in accordance with the scheme dated 19.12.2014.
For Petitioner : Mr.M.Mohamed Ikbal
For Respondents : Mr.D.S.Haroon Rasheed
ORDER
This Writ Petition has been filed challenging the impunged
announcement of election no.4 dated 11.12.2025 issued by the second
respondent and seeking consequential direction to conduct the election to
the ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath) strictly in
accordance with the scheme dated 19.12.2014.
2.The learned counsel appearing for the petitioner submits that
Resolution No.19/14 in Na.Ka.No.172228/09/1/5 dated 29.01.2014 was
published in the Government Gazette Notification No.30 dated
06.08.2014 by the first respondent. The scheme categorically stipulates
restricted membership of the Jamath. The structure and orientation of the
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Jamath under the scheme expressly protect the membership of the
ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath), restricting it to
native persons following the traditional Sunnathul Jamath Shafi dictum.
Therefore, any change or casual inclusion of members in contravention
of the scheme would be illegal. The election to the Jamath administration
could not be conducted for a long period due to various reasons, and
consequently, the first respondent took over the administration of the
ULSMT Jamath.
3.The learned counsel for the petitioner further submits that the list
of 178 members newly admitted by the respondents includes about 118
legitimate children of existing Jamath members, who are eligible for
membership in accordance with the scheme. However, the remaining 46
members belong to other Jamaths following Islamic doctrines other than
the dictum of Imam Shafi. The inclusion of these 46 members into the
Jamath is not only against the tone and tenor of the scheme and the
general rules but also against the customary practices that is being
scrupulously followed by the petitioner’s Jamath. Among the 46 persons,
27 already belong to other Jamaths and have married according to their
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own customs. He further submits that elections to the Jamath must be
conducted strictly in accordance with the scheme, particularly Point No.
15, which governs the admission of new members. If any amendment to
the scheme is found necessary, the prescribed procedure requires
convening an emergency general body meeting, for which a requisition
must be signed by at least 50 general body members of the Jamath.
Contrary to this procedure, the respondents have ordered the inclusion of
178 members. Out of them, 27 are members and office-bearers of other
Jamaths, who do not participate in congregational Jumma prayers in the
petitioner’s Jamath and have never made any donations thereto. Such
inclusion, according to the petitioner, is illegal.
4.The respondents have declared that the election for the ULSMT
Jamath will be conducted on 28.12.2025. If the election is conducted as
proposed on 28.12.2025 with the illegal inclusion of new members, it
would be contrary to the tenets of the scheme, which is comprehensive in
nature and provides specific restrictive conditions for the inclusion of
any new member.
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5.The learned counsel appearing for the respondents submits that
this writ petition itself is not maintainable as per Section 83 of the
Unified Waqf Management, Empowerment, Efficiency and Development
Act, 1995. In Section 83(1) of the Act, where any application is made,
the State Government shall, by notification in the Official Gazette,
constitute as many Tribunals as it may think fit, for the determination of
any dispute, question or other matter relating to a waqf or waqf property,
eviction of a tenant or determination of rights and obligations of the
lessor and the lessee of such property, under this Act and define the local
limits and jurisdiction of such Tribunals. Section 83(5) states that the
Tribunal shall be deemed to be a civil court and shall have the same
powers as may be exercised by a civil court under the Code of Civil
Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or
order.
6.The learned counsel appearing for the petitioner states that as per
scheme 11 (<) (c)(C)(v) only the general body has right to admit
any party to the Jamath and he also stated that the first respondent has no
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power to admit any member to the Waqf Board for which the learned
counsel refers Section 32(2)(o) of the Unified Waqf Management,
Empowerment, Efficiency and Development Act, 1995. It reads as
follows:
“Section 32(2): Powers and functions of the Board.
(o)generally do all such acts as may be necessary for
the control, maintenance and administration of [auqaf].
7.Though the petitioner has stated that only the General Body has
the right to admit new members, he has not shown where such a
provision is stated. Further, the learned counsel for the petitioner submits
that the first respondent has admitted 27 members who are members and
office-bearers of another Jamath; however, the petitioner has not
mentioned the names of such members or furnished any material to
substantiate the claim that they belong to another Jamath.
8.Section 85 of the Unified Waqf Management, Empowerment,
Efficiency and Development Act, 1995 reads as follows:
“85. Bar of jurisdiction of civil courts.—No suit or
other legal proceeding shall lie in any [civil court, revenue
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court and any other authority] in respect of any dispute,
question or other matter relating to any [waqf], [waqf]
property or other matter which is required by or under this
Act to be determined by a Tribunal.”
9.The learned counsel for the petitioner further submits that the
petitioner has already filed a similar writ petition before this Court in
W.P.(MD)No.29286 of 2025, challenging the power of the first
respondent to appoint a Commission of Enquiry to enquire into the
alleged malpractices committed by the respondents, and that the same is
pending before this Court.
10.The learned counsel for the respondents submits that even the
contesting candidates have not challenged the inclusion of members into
the Waqf. He also relies upon the decision of the Hon’ble Supreme Court
in Civil Appeal No.5297 of 2004 (Board of Wakf, West Bengal v. Anis
Fatma Begum & Another) in support of his contentions. The said
judgment is squarely applicable to the facts of the present case. The
petitioner, without approaching the Waqf Board or the competent forum,
has directly approached this Court and has failed to furnish necessary
particulars.
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11.This Court is of the view that the writ petition is not
maintainable and there is no merit. It is for the petitioner to approach the
Waqf Tribunal for the dispute arising between the parties. Further he is
not in a position to furnish the details of the persons who have been
illegally included to the Waqf. Except the petitioner, none of the
members challenging the resolution of election as well as the inclusion of
members.
12.This Writ Petition stands dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
26.12.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MGA
To
1.The District Collector,
Dindigul, Dindigul District.
2.The Tahsildar,
Dindigul West Taluk,
Dindigul District.
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3.The Executive Officer,
Kannivadi Town Panchayat,
Kannivadi, Dindigul District.
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R.POORNIMA, J.
MGA
26.12.2025
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