Syed Fazal Basha v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.5347 of 2025 1.Syed Fazal Basha 2.Syed Sadiq Basha Both 1 & 2 are Adhoc Committee Member Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya No.6, Unnis Ali Sahib Street Ellis Road, Chennai 600 002.
3.Mohamed Ikramulla Sheriff Adhoc Committee Member Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya No.15/12, Thaikuddin Khan Street Triplicane, Chennai 600 005.
4.Ajaz Ahmed Adhoc Committee Member Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya No.36/29, First Lane, Azuddinkhan Street Triplicane, Chennai 600 005.
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5.S.D.Abdul Latheef Adhoc Committee Member Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya No.4/23, 6th Lane, Mukthar Unisa Begam Street Mount Road, Chennai 600 002.
6.P.S.Mohamed Mohideen Adhoc Committee Member Kuraisi Mosque Wakf (Sunni) @ Masjid -E-Quraishiya No.2/11, 1st Lane, Mukthar Unisa Begam Street Mount Road, Chennai 600 002.
... Petitioners Vs.
1.The Tamil Nadu Wakf Board Rep.by its Chairman.
2.The Tamil Nadu Wakf Board Rep.by its Chief Executive Officer both 1 & 2 having office at No.1, Jaffer Syrang Street Vallal Seethaakathi Street Chennai 600 001.
3.The Superintendent of Wakf Office of Wakf, Chennai Zone Dr.Besant Road Triplicane, Chennai 600 005.
....Respondents 2/8
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to resolution passed by the second respondent vide Na.Ka.No.2905/14/Aa6/Chennai bearing Serial No.23, item No.253/24 dated 20.11.2024 to quash the same and consequently direct the second respondent to conduct the election in accordance with the order in W.P.No.14006 of 2022.
For Petitioners : Mr.Niranjan Rajagopalan For Respondents : Mr.Avinash Wadwani Wakf Board for R1 to R3
ORDER
This Writ Petition is filed challenging the impugned resolution passed by the second respondent Board with reference to Sl.No.23, item No.253/24 dated 20.11.2024 in as much as it appoints an interim committee to manage the wakf without complying with the earlier order of this Court directing the second respondent wakf Board to conduct the election in respect 3/8
of the name of Kuraisi Mosque Wakf (Sunni) @ Majisd-E-Quaraishiya.
2. When the matter came up for hearing, the learned counsel appearing on behalf the Wakf Board would submit that in view of the judgment passed by this Court in Mohammed Yusuf Vs. Tamil Nadu Wakf Board and others, the wakf board is restrained from appointing Muthawalli or conducting elections in respect thereof. Only because of the same, when the matter is pending before the Division Bench, pending the writ appeals, that there was an oral direction by the Division Bench not to conduct any elections and therefore, the wakf board could not proceed further with the elections and in view of the fact that the wakf board could not proceed further with the elections, it has passed the resolution to appoint an interim committee.
3. I have considered the said submission made by the learned counsel appearing on behalf of the second respondent Board.
4. The said batch arises out of the judgment of this Court 4/8
speaking through Hon'ble Justice Mohammed Shaffiq, dated 19.04.2023 made in W.P.(MD).No.13695 of 2020. The ratio of the said judgment is that the election or the appointment of muthawalli should be left to the concerned wakf and to their decision. The wakf board cannot appoint muthawalli or conduct election by itself.
5. The entire dispute is pending with reference to the said question of law involved. As far as this case is concerned, even going by the ratio laid down in the said judgment, the concerned wakf, in their wisdom approached the authorities for framing a scheme and the scheme is framed. The scheme specifically vests the procedure of conducting elections with the wakf board. Therefore, the said observations made with reference to the said case that is pending before the Division Bench, will not be applicable to the facts and circumstances of this case. As a matter of fact, by a judgment in WP.No.14006 of 2022, already a direction was given to the second respondent board to conduct the election.
6. In view thereof, this Writ Petition deserves to be allowed on 5/8
the following terms;
(i) The impugned resolution passed by the second respondent vide Na.Ka.No.2905/14/AA6/Chennai bearing Serial No.23, item No.253/24 dated 20.11.2024 shall stand set aside;
(ii) The wakf board is directed to conduct the election for appointment of muthawalli as per the scheme that is framed in respect of the present wakf within a period of four months from the date of receipt/production of the website uploaded copy of the order, without waiting for the certified copy of the order.
(iii) No costs. Consequently, connected Miscellaneous Petition is closed.
12.02.2025 (1⁄2) dna 6/8
To 1.The Tamil Nadu Wakf Board Rep.by its Chairman.
2.The Tamil Nadu Wakf Board Rep.by its Chief Executive Officer both 1 & 2 having office at No.1, Jaffer Syrang Street Vallal Seethaakathi Street Chennai 600 001.
3.The Superintendent of Wakf Office of Wakf, Chennai Zone Dr.Besant Road Triplicane, Chennai 600 005.
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D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.No.5347 of 2025 (1⁄2) 12.02.2025 8/8