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Madras High Court
Unknown vs The Chairman on 6 January, 2026
W.A.No.4045 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2026
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.4045 of 2025
1.Mahoob Basha
S/o. Late Habibullah,
No.5/64, Magazine Road,
St.Thomas Mount,
Chennai - 600 016.
2. Niyamathullah
S/o. Late Habibullah,
No.5/64, Magazine Road,
St.Thomas Mount,
Chennai - 600 016.
3. Rahimanullah
S/o. Late Habibullah,
No.5/64, Magazine Road,
St.Thomas Mount,
Chennai - 600 016.
4. Rahimullah
S/o. Late Habibullah,
No.5/64, Magazine Road,
St.Thomas Mount,
Chennai - 600 016.
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W.A.No.4045 of 2025
5. Gayazullah
S/o. Late Habibullah,
No.5/64, Magazine Road,
St.Thomas Mount,
Chennai - 600 016.
Rep. by their power agent,
Y. Akbar Ahamed,
S/o. Yousuf Ahamed.
Old No.113, New No.257,
Ameer Mahal, Bharathi Salai,
Royapettah, Chennai - 600 014.
Appellants
Vs
1.The Chairman
Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar,
Chennai - 600001.
2.The Chief Executive Officer
Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar,
Chennai - 600001.
3.Shabuddin
No.124, Defense Colony,
Ekkattuthangal,
Chennai - 600 032.
4.Hasan Ambalam
No.6/51, Permal Street,
Butt Road,
St. Thomas Mount,
Chennai - 600016.
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W.A.No.4045 of 2025
5.The Chief Executive Officer
Cantonment Board Office,
St. Thomas Mount,
Chennai - 600 016.
Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent to set aside
the order passed by the learned Single Judge in W.P.No.31740 of 2015,
dated 23.08.2024.
For Appellants: Mr.A.Ilayaperumal
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
After having heard learned counsel for the appellants, though
we are of the view that the subject matter in respect of which the
writ petition is filed is different from that which forms part of
S.A.No.1080 of 2001 (Butt Road Jumma Masjid v Mahboob Basha),
in view of the provision contained in Section 83 of the Unified Waqf
Management, Empowerment, Efficiency and Development Act,
1995, as amended by the Waqf (Amendment) Act, 2025, the
dispute which has been raised by the writ petitioners/appellants
herein is well within the jurisdiction of the Tribunal created under
Section 83 of the said Act.
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Therefore, in that view of the matter, while modifying the
impugned order to the extent indicated above, the result would
remain the same.
2. Writ appeal stands dismissed, however, with liberty to the
appellants to approach the Tribunal constituted under Section 83 of
the said Act. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
06.01.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1.The Chairman
Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar,
Chennai - 600001.
2.The Chief Executive Officer
Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar,
Chennai - 600001.
3.The Chief Executive Officer
Cantonment Board Office,
St. Thomas Mount,
Chennai - 600 016.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
06.01.2026
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