Madras High Court
Unknown vs The Tamil Nadu Wakf Board on 12 February, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.4827 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.4827 of 2025
and
WMP.No.5347 of 2025
1.Syed Fazal Basha
2.Syed Sadiq Basha
Both 1 & 2 are
Adhoc Committee Member
Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya
No.6, Unnis Ali Sahib Street
Ellis Road, Chennai 600 002.
3.Mohamed Ikramulla Sheriff
Adhoc Committee Member
Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya
No.15/12, Thaikuddin Khan Street
Triplicane, Chennai 600 005.
4.Ajaz Ahmed
Adhoc Committee Member
Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya
No.36/29, First Lane, Azuddinkhan Street
Triplicane, Chennai 600 005.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.4827 of 2025
5.S.D.Abdul Latheef
Adhoc Committee Member
Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya
No.4/23, 6th Lane, Mukthar Unisa Begam Street
Mount Road, Chennai 600 002.
6.P.S.Mohamed Mohideen
Adhoc Committee Member
Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya
No.2/11, 1st Lane, Mukthar Unisa Begam Street
Mount Road, Chennai 600 002. ... Petitioners
Vs.
1.The Tamil Nadu Wakf Board
Rep.by its Chairman.
2.The Tamil Nadu Wakf Board
Rep.by its Chief Executive Officer
both 1 & 2 having office at
No.1, Jaffer Syrang Street
Vallal Seethaakathi Street
Chennai 600 001.
3.The Superintendent of Wakf
Office of Wakf, Chennai Zone
Dr.Besant Road
Triplicane, Chennai 600 005. ....Respondents
2/8
https://www.mhc.tn.gov.in/judis
W.P.No.4827 of 2025
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records relating to
resolution passed by the second respondent vide
Na.Ka.No.2905/14/Aa6/Chennai bearing Serial No.23, item No.253/24 dated
20.11.2024 to quash the same and consequently direct the second respondent
to conduct the election in accordance with the order in W.P.No.14006 of
2022.
For Petitioners : Mr.Niranjan Rajagopalan
For Respondents : Mr.Avinash Wadwani
Wakf Board for R1 to R3
ORDER
This Writ Petition is filed challenging the impugned resolution
passed by the second respondent Board with reference to Sl.No.23, item
No.253/24 dated 20.11.2024 in as much as it appoints an interim committee
to manage the wakf without complying with the earlier order of this Court
directing the second respondent wakf Board to conduct the election in respect
https://www.mhc.tn.gov.in/judis
of the name of Kuraisi Mosque Wakf (Sunni) @ Majisd-E-Quaraishiya.
2. When the matter came up for hearing, the learned counsel
appearing on behalf the Wakf Board would submit that in view of the
judgment passed by this Court in Mohammed Yusuf Vs. Tamil Nadu Wakf
Board and others, the wakf board is restrained from appointing Muthawalli
or conducting elections in respect thereof. Only because of the same, when
the matter is pending before the Division Bench, pending the writ appeals,
that there was an oral direction by the Division Bench not to conduct any
elections and therefore, the wakf board could not proceed further with the
elections and in view of the fact that the wakf board could not proceed further
with the elections, it has passed the resolution to appoint an interim
committee.
3. I have considered the said submission made by the learned
counsel appearing on behalf of the second respondent Board.
4. The said batch arises out of the judgment of this Court
https://www.mhc.tn.gov.in/judis
speaking through Hon'ble Justice Mohammed Shaffiq, dated 19.04.2023
made in W.P.(MD).No.13695 of 2020. The ratio of the said judgment is that
the election or the appointment of muthawalli should be left to the concerned
wakf and to their decision. The wakf board cannot appoint muthawalli or
conduct election by itself.
5. The entire dispute is pending with reference to the said
question of law involved. As far as this case is concerned, even going by the
ratio laid down in the said judgment, the concerned wakf, in their wisdom
approached the authorities for framing a scheme and the scheme is framed.
The scheme specifically vests the procedure of conducting elections with the
wakf board. Therefore, the said observations made with reference to the said
case that is pending before the Division Bench, will not be applicable to the
facts and circumstances of this case. As a matter of fact, by a judgment in
WP.No.14006 of 2022, already a direction was given to the second
respondent board to conduct the election.
6. In view thereof, this Writ Petition deserves to be allowed on
https://www.mhc.tn.gov.in/judis
the following terms;
(i) The impugned resolution passed by the second
respondent vide Na.Ka.No.2905/14/AA6/Chennai bearing
Serial No.23, item No.253/24 dated 20.11.2024 shall stand set
aside;
(ii) The wakf board is directed to conduct the
election for appointment of muthawalli as per the scheme that
is framed in respect of the present wakf within a period of four
months from the date of receipt/production of the website
uploaded copy of the order, without waiting for the certified
copy of the order.
(iii) No costs. Consequently, connected
Miscellaneous Petition is closed.
12.02.2025
(½)
Neutral Citation : Yes/No
dna
https://www.mhc.tn.gov.in/judis
To
1.The Tamil Nadu Wakf Board
Rep.by its Chairman.
2.The Tamil Nadu Wakf Board
Rep.by its Chief Executive Officer
both 1 & 2 having office at
No.1, Jaffer Syrang Street
Vallal Seethaakathi Street
Chennai 600 001.
3.The Superintendent of Wakf
Office of Wakf, Chennai Zone
Dr.Besant Road
Triplicane, Chennai 600 005.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY, J.
dna
and
(½)
12.02.2025
https://www.mhc.tn.gov.in/judis
