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Madras High Court
Liyaqat Ali vs The Tamil Nadu Waqf Board on 5 January, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.(MD) No.3243 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)No.3243 of 2025
and
C.M.P.(MD)No.20143 of 2025
Liyaqat Ali ... Appellant
-vs-
1.The Tamil Nadu Waqf Board,
Rep. by its Chairman,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
2.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
3.The Superintendent of Waqf cum Election Officer,
Madurai Region, Town Hall Road,
Madurai.
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W.A.(MD) No.3243 of 2025
4.The Executive Officer,
Melur Taluk and Town Mohaideen,
Andavar Periya Pallivasal Waqf,
Melur Taluk,
Madurai District.
5.S.Raffekraja
6.M.Shajahan ... Respondents
PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Act,
praying to set aside the order of this Court dated 24.10.2025 made in
W.P.(MD)No.22312 of 2025 and allow this Writ Appeal.
For Appellant : Mr.A.Arunnithy
For Respondents 1 to 4 : Mr.D.S.Haroon Rasheed,
Standing Counsel
For Respondent No.5 : Mr.E.Mareeskumar
For Respondent No.6 : Mr.J.Lawrance
JUDGMENT
[Judgment of the Court was made by DR.G.JAYACHANDRAN, J.]
Intra-court appeal is directed against the order passed by the
learned Single Judge in W.P.(MD)No.22312 of 2025 dated 24.10.2025.
The appellant herein is the sixth respondent in the Writ Petition. The Writ
Petition was filed seeking Mandamus, directing the respondents 1 to 3 to
hand over the administration and management of Melur Taluk and Town
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Mohaideen Andavar Periya Pallivasal Wakf, Melur to the newly elected
Executive Committee members immediately by considering the
representation dated 05.07.2025. The appellant herein as a sixth
respondent has represented through Counsel and opposed grant of the
relief sought above.
2.The learned Single Judge having considered the objections and
the earlier Writ Petitions has observed that the election has been held by
the Wakf Board and hence, the elected body cannot be declined the
administration of the management. Regarding the objection raised by the
sixth respondent regarding the locus standi of the petitioner by name
Shajahan, the learned Single Judge had taken note of the pendency of the
enquiry and has held that pending enquiry will not come in the way of
Wakf Board handing over the management and administration of the
Wakf to the elected committee.
3.In the Writ Appeal, the sixth respondent, reiterating the
allegation against the writ petitioner namely Shajahan, submitted that he
being an encroacher of the Wakf property is disqualified from holding the
post. Therefore, the election of Shajahan as a member of the
administrative committee is per se illegal. While the enquiry about his
eligibility is pending before the Board, he ought not to have been
permitted to contest the election.
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4.Learned Counsel appearing for the Wakf Board submitted that
pursuant to the order passed by the learned Single Judge, the Wakf
Board has declared the results of the election. The committee appointed
for direct administration was dissolved and proceedings issued on
05.01.2026, nominating 12 members for the committee for the period
from 28.06.2025 to 27.06.2028, on condition that if any of the members
found to be encroacher of the Wakf property, they will be disqualified.
The Counsel also submits that the enquiry regarding alleged
encroachment has commenced and likely to be completed within a period
of two [2] months, if all the parties cooperate. The notice issued for
enquiry is annexed in the typed set of papers in the appeal at page nos.54
& 56.
5.Considering these facts, we are of the view that the Writ Appeal
has to be disposed of with a direction to the Wakf Board to complete the
enquiry regarding alleged encroachment within a period of two [2]
months and thereafter, to act upon as per the proceedings dated
05.01.2026, wherein the constitution of the elected board been
recognised with caveat that if any member is found to be an encroacher
his nomination will be cancelled.
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6.With these observations, this Writ Appeal stands disposed of.
There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[G.J., J.] & [K.K.R.K., J.]
05.01.2026
NCC : Yes / No
Index : Yes / No
Internet: Yes / No
MR
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
MR
05.01.2026
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