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Madras High CourtWP/5646/2026disposed of

E.Mohamed Rasul v. The Tamil Nadu Waqf Board

2026-02-24Honourable Mr.Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.5646 of 2026

1. E.Mohamed Rasul S/o. Essath Basha, Muthavalli Bismillah Nagar Aljamia Pallivasal, Vettuvankeni, No.1A and B Bismillah Nagar, Vettuvankeni, Chennai.

2. T.M.A. Liaquat Ali S/o. Abdul Jabbar, Door No.14/41, Palaiyappan Street, Sevenwells, Chennai -600001.

3. S.Syed Ibrahim S/o Sikandar, Door No.14, St. Xavier Street, Broadway, Chennai-600 001

4. Mr. Sagubar Sadik, S/o. Abuthagir, Secretary Salai, Shafi Jamath Sangam, Chennai, No.3, 1st Street, Yannaikulam, Royapettah, Chennai.

5. Mr. Sheik Ibrahim S/o. Shaik Salaudeen, No.3/197, Bismillah Nagar 3rd Street, Venbirai Kudil, Vettuvankeni, Chennai.

....Petitioners Vs

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

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jafar Sirang Street, Vallal Seethakadi Nagar, Chennai.

3.The Superintendent of Wakfs, Kanchipuram Chengalpattu and Thiruvallur Range, Periya Pallivasal Valagam, Poonamallee, Chennai-600 056 4.The Inspector of wakfs, Kanchipuram Chengalpattu and Thiruvallur Range, Periya Pallivasal Valagam, Poonamallee, Chennai-600 056 Respondents PRAYER Writ petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to approve the drafted By-Law submitted by the petitioners for the administration of Bismillah Nagar Aljamia Pallivasal, Vettuvankeni by ensuring that the members belonging to Salai Shafi Jamath Sangam, Chennai (Reg. No.178/79) shall constitute the majority in the Managing Committee of the said Waqf by considering the petitioner's representation dated 11.10.2025 and objection dated 22.11.2025, 27.11.2025 and 28.11.2025 after affording an opportunity of hearing to the petitioners within a time frame fixed by the Hon'ble Court.

For Petitioners M/S. I.Abdul Basith For Respondents:

Mr.Avinash Wadhawan (Waqf Board) for R1 to R4

ORDER

The writ petition is filed for a Mandamus directing the respondents to approve the drafted By-Law submitted by the petitioners for the administration of Bismillah Nagar Aljamia Pallivasal, Vettuvankeni, by ensuring that the members belonging to Salai Shafi Jamath Sangam, Chennai, shall constitute the majority in the Managing Committee of the said waqf by considering the petitioners representation dated 11.10.2025 and objection dated 22.11.2025, 27.11.2025 and 28.11.2025, after affording an opportunity of hearing to the petitioners within a time frame fixed by the Hon'ble Court.

2. When the matter came up for admission, the learned counsel appearing on behalf of the Waqf Board, taking notice, would submit that the Waqf Board is in the process of framing a scheme in respect of the subject Waqf. It is further submitted that not only the petitioners have made representation and objections, and the third parties have also made the representations and objections. Everything will be considered together and in the best interest of the Waqf, scheme will be framed in accordance with law.

3. In view thereof, this writ petition is disposed of on the following terms: (i)The Waqf Board shall conduct an enquiry on the representation of the petitioners dated 11.10.2025 and objections dated 22.11.2025, 27.11.2025 and 28.11.2025 along with similar representations and objections submitted by the third parties.

(ii)The petitioners shall be heard and any other person, who is interested in the matter shall also be heard and thereafter, the schemes shall be framed in the manner known to law.

(iii)It is needless to mention that the petitioners will be at liberty to press their prayer as to the manner in which the scheme is to be framed before the Waqf Board. The Waqf Board will consider such request on its own merits and in accordance with law and the scheme will thereafter be framed. (iv)The said exercise shall be completed within a period of four months, from the date of receipt of a web copy of this order, without waiting for the certified copy of the order.

(v)No costs.

24-02-2026

ari To 1.The Chairman, Tamil Nadu Waqf Board No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer Tamil Nadu Waqf Board, No.1, Jafar Sirang Street, Vallal Seethakadi Nagar, Chennai.

3.The Superintendent of Wakf Kanchipuram Chengalpattu and Thiruvallur Range, Periya Pallivasal Valagam, Poonamallee, Chennai-600 056 4.The Inspector of Wakfs Kanchipuram Chengalpattu and Thiruvallur Range, Periya Pallivasal Valagam, Poonamallee, Chennai-600 056

D.BHARATHA CHAKRAVARTHY, J.

ari W.P.No.5646 of 2026 24-02-2026