Suhail Hyder Khan v. The Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Suhail Hyder Khan Managing Muthavalli, Chota Naksha Charities, No. 104/219, Peter Road, Royapettah, Chennai 600 014 Petitioner(s) Vs

1. The Tamil Nadu Wakf Board Rep by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

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

3.Javeed Raza, S/o.Late Mohamed Razakhan Respondent(s)

PRAYER Directing the 2 nd respondent to implement the urgent memo dated 18.8.2017 and to initiate Criminal Proceedings against the 3rd respondent under Section 52A of the Wakf Act.

For Petitioner(s):

Mr.A.Abdul Rahman For Respondent(s):

Mr.C.Shankar, Senior Counsel for R1 & 2 No appearance for R3

ORDER

This writ petition has been filed seeking a writ of mandamus directing the second respondent to act upon and implement the memo dated 18.08.2017 issued by the second respondent and initiate proceedings against the third respondent under Section 52(A) of the Wakf Act, 1995.

2. Heard Mr.A.Abdul Rahman, learned counsel for the petitioner and Mr.C.Shankar, learned Senior Counsel appearing on behalf of the respondents 1 and 2.

3. The third respondent has been served with notice, and his name is also printed in the cause list. However, there is no appearance either in person or through counsel.

4. The case of the petitioner is that the third respondent was involved in various unlawful activities, and as a result, a petition was submitted by the

President of the Wakf. Based on the same, a memo dated 18.08.2017 was issued by the second respondent to initiate proceedings against the third respondent under Section 52(A) of the Wakf Act. Since the same was not acted upon, the present writ petition has been filed before this Court.

5. Learned Standing Counsel appearing on behalf of the first and second respondents submitted that the Wakf has come under the direct management of the Board and that the third respondent is not in the helm of affairs.

6. In the considered view of this Court, the fact that Wakf has come under the direct management has no bar on the action that was sought to be initiated against the third respondent under Section 52(A) of the Act. Hence, there shall be a direction to the second respondent to proceed further with the memo dated 18.08.2017 in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of with the above directions. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. 10-06-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tamilnadu Wakf Board Rep by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 1 2.The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 1

N.ANAND VENKATESH J.

gd 10-06-2025