The Town Gumbath Dhargha v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2026 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. The Town Gumbath Dhargha, Dhargha Shariff Committee, Representing by its Secretary, M.S.Anvar, Age 66 years, No.70, Periya Kadai Street, Thirupattur - 635 301.

2. Poora Mosque, Madrasa-E-Ahmadiya, Market Mosque Jamath Committee, Rep by its Muthavalli, M.A.Zaheer Ahamed, Age 74 years, No.1 Counceller Malik Street, Thirupathur - 635 601.

.. Petitioners

Versus

The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to furnish the copy of the complaint made against the petitioner in connection with the summon in vide Na.Ka.No.10089/25/AA7/Vellore on the file of the respondent.

1/5

For Petitioners : Mr.I.Abdul Basith For Respondent : Mr.Mohamed Fayaz Ali

ORDER

This Writ Petition is filed for a mandamus directing the respondent to furnish a copy of the complaint made against the petitioners in connection with the summons bearing reference Na.Ka.No.10089/25/AA7/Vellore on the file of the respondent.

2. Upon hearing the learned Counsel for the petitioner and perusing the material records of the case, it can be seen that a summon has been sent to the petitioners to appear for an enquiry. Needless to state that if a summon is sent for an enquiry based on a complaint, a copy of the said complaint has to be furnished to the individual. However, the summon does not expressly refer about any complaint.

3. The learned Counsel for the respondent seeks time to get instructions in this regard.

4. It can be seen that there are several Writ Petitions that are filed against the Waqf Board for furnishing of a copy of the complaint 2/5

whenever they call persons to attend an enquiry. The jurisdiction under Article 226 of the Constitution of India has to be utilised repeatedly for these ministerial lapse which is expected of the authorities who are conducting the enquiry. Therefore, the Chief Executive Officer of the Waqf Board is requested that whenever they issue summons with reference to any enquiry, a copy of the complaint shall also be enclosed along with the summon so that the party, attending the enquiry, will also come prepared with his version to face the enquiry. Secondly, unnecessary litigations of this kind can also be avoided. End of the day, the Waqf Board is also paying for all these litigations and it is also an unnecessary burden on the extraordinary jurisdiction under Article 226 of the Constitution of India. The authorities shall bear all this in mind and whenever they send summons for enquiry on any complaint, a copy of the complaint can very well be annexed along with the summons.

5. In view of the nature of relief that is prayed for, this Writ Petition is disposed of on the following terms:- (i) If the enquiry is initiated on any written complaint, the copy of the same shall be furnished to the petitioners within one week from the date of receipt of a web-copy of this order without waiting for a certified 3/5

copy of this order;

(ii) If the enquiry is initiated on any oral information, the same shall also be informed in writing to the petitioners within one week from the date of receipt of a web-copy of this order without waiting for a certified copy of this order;

(iii) There shall be no order as to costs.

22.01.2026 : no grs To

1. The Executive Officer, HR & CE, Thirumanancheri, Thiruvelvikkudi, Kuthalam - 609 801.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Mayiladuthurai.

3. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.

4/5

D.BHARATHA CHAKRAVARTHY, J.

grs 22.01.2026 5/5