K.Mohammed Riyaz vs West Masi Street Chinna Pallivasal
2025 Latest Caselaw 375 Mad

Madras High Court

K.Mohammed Riyaz vs West Masi Street Chinna Pallivasal on 2 June, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                    W.A(MD)No.1216 of 2025

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 02.06.2025

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                              THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                         W.A(MD)No.1216 of 2025
                                                 and
                                        C.M.P(MD)No.7547 of 2025


                K.Mohammed Riyaz                                                        ... Appellant /
                                                                                            3rd party
                                                           Vs.

                1.West Masi Street Chinna Pallivasal,
                  No.86, West Masi Street,
                  Madurai,
                  Through its Managing Trustee.                                         ... 1st Respondent /
                                                                                        Review Petitioner /
                                                                                        2nd Respondent

                2.A.Aftab Ahamed                                                        ... 2nd Respondent /
                                                                                           1st Respondent /
                                                                                           Writ Petitioner

                3.The Tamil Nadu Waqf Board,
                  Represented by its Chief Executive Officer,
                  No.1, Jaffer Syrang Street,
                  Vallal Seethakathi Nagar,
                  Chennai – 600 001.                                                    ... 3rd Respondent /
                                                                                            2nd Respondent /
                                                                                            1st Respondent
                4.S.Syed Munaf                                                          ... 4th Respondent /
                                                                                            3rd Respondent

                1/4



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                                                                                            W.A(MD)No.1216 of 2025

                Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
                order passed by this Court in Rev.Aplw(MD)No.211 of 2024 in W.P(MD)No.
                207 of 2024 dated 10.01.2025.
                                           For Appellant             : Mr.T.Lajapathi Roy
                                                                       Senior Counsel
                                                                       for M/s.Roy and Roy Associates

                                           For Respondents           : Mr.S.A.Ajmalkhan for R.3

                                                                       Mr.S.Anwar Sameem
                                                                       Advocate Commissioner

                                                           JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J)

Heard both sides.

2.This Writ Appeal is directed against the order dated 10.01.2025

disposing of Rev.Aplw(MD)No.211 of 2024 in W.P(MD)No.207 of 2024. The

said Writ Petition was filed by one A.Aftab Ahmed seeking a direction for

holding an election to elect the office bearers of Masi Vidi Chinna Pallivasal

Sunni Wakf. The learned single Judge had appointed two Advocate

Commissioners to conduct the election.

3.The learned senior counsel appearing for the third party appellant

would point out that the voters list must be finalised by bearing in mind the

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scheme decree made in O.S.No.120 of 1920 on the file of I Additional Sub

Court, Madurai. We notice that an amendment was made in I.A.No.1098 of

2011. Clause 2 of the amended decree reads as follows:

“2) The Jamathars of Pallivasal shall be residents of Pallivasal lane, Kannadikara lane, Thulukkar, Athamsha Sahib lane, Mohamamden lane @ Town Hall Road, Mandaiyar Asari lane.”

4.Any muslim residing in the aforesaid 6 lanes will form the electoral

college. 10.01.2025 shall be the cut off date. In other words, any person who

is residing as on date with effect from 10.01.2025 can be enrolled as a voter.

There is no serious contest regarding the other directions issued by the learned

single Judge.

5.With the aforesaid clarification, this Writ Appeal is disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous

petition is closed.

                                                                              [G.R.S., J.]    [K.R.S., J.]
                                                                                      02.06.2025

                NCC      : Yes / No
                Internet : Yes / No
                Index    : Yes / No
                MGA





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                                                                                    G.R.SWAMINATHAN, J
                                                                                                      and
                                                                                         K.RAJASEKAR, J.

                                                                                                     MGA


                To

                1.The Managing Trustee,

West Masi Street Chinna Pallivasal, No.86, West Masi Street, Madurai.

3.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.

02.06.2025

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