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Madras High CourtWP/5690/2026disposed of

Mohammed Mohideen v. The Chairman

2026-02-16Honourable Mr.Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.M.P.No.6191 of 2026

1. Mohammed Mohideen

2. Nazar Ameer Basha

3. Khan Raffic ..Petitioner(s) Vs

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

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

3. The District Revenue Officer/ Chief Administrative officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001

4. The Executive officer cum Superintendent of Wakf Tamil Nadu Wakf Board, Chennai Kancheepuram Zone, Bigg Mosque complex first floor, Poonamallee chennai.

5. A.Nayeem

6. A.Jabbar Khan

7. S.M.Thameem Ansari

8. S.K.Allah Pichai

9. A.Abdul Kadhar 10.K.Aniff 11.K.K.Abdul Rahim ..Respondent(s) Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, or any other appropriate Writ, Order or direction of like nature calling for the records relating the impugned order in Na.Ka. No.1264 / 25/ Aa4/ Kanchi dated 09.02.2026 of the 3rd respondent and quash the same as illegal and without jurisdiction and consequently direct the respondents to consider the petitioners representation dated 08.01.2026 and 05.02.2026 and pass a fresh reasoned order after affording due opportunity of hearing to the petitioners within time frame stipulated by this Court.

For Petitioner(s):

Mr.I.Abdul Basith For Respondent(s):

Mr.M.Fakkir Moihdeen for R1 to R4

ORDER

The Writ Petition is filed challenging the order dated 09.02.2026 and to consider the petitioner's representation and pass a reasoned order afresh. 2.Upon hearing the learned counsel for the petitioners and perusing the material records of the case, it can be seen that by the impugned order when the Wakf pious under the direct management, the authorities have appointed seven members Adhoc Committee to carry out the requisite activities such as breaking the fast, conduct of night prayers during the holy month of Ramzan. The Committee will be disbanded as and when the holy month is over. The grievance of the petitioners is that the persons appointed are not related to the Jamaath and do not enjoy the confidence of the Jamaath. Certain adverse notice have also been made in respect of certain persons. When the Jamadars have made a detailed representations to appoint the Committee Members from among them, the same is ignored and in the last minute the appointment has been made and therefore they are before this Court.

3.Per contra, it is the contention of the learned counsel appearing on behalf of the respondents that only for the purpose of carrying out the pious activities during the month of Ramzan, the Committee is appointed. They will be disbanded as and when the month is over. The work is pious in nature and they are under the direct management of Superintendent of Wakfs. Even during

the conduct of this process, the Superintendent of Wakf Board will be in active control over the Committee members. It is only to facilitate the day to day activities the Committee is appointed. As a matter of fact, from the application that is submitted by the Members it can be seen that they belong to the area which comes under the instant Wakf.

4.Considered the rival submissions made on either side and perused the material records of the case.

5.As the Committee is only appointed to carry out the pious activities during the month of Ramzan, the same is to commence on 18.02.2026 and is going to end on 18.03.2026 or a day before or after. In view thereof, issuing notice to the party respondents herein and thereafter quashing the order will only make the matter fait accompli and render the Writ Petition infructuous. It is also seen prima-facie that they are not strangers to the Wakf and in their request they have said that they belong to the area. In any event, it is only a temporary arrangement to carryout the pious purposes. Therefore, while allowing the impugned order to stand, I am of the view that the Superintendent of Wakf / Executive Officer, Kancheepuram, from among the signatories to the representation made on 08.01.2026, shall also select three more persons from among ten persons mentioned. The seven Members Committee shall furnish day to day accounts to the Superintendent of Wakf / Executive Officer, a copy

thereof shall also be furnished to the three member Committee. The three member committee can also bring to the notice of the Superintendent of Wakf / Executive Officer any shortcomings or any other concerns on day to day basis which shall be addressed by the said authority. 6.With the above said liberty given to the petitioners directing the petitioners as well as the everyone to co-operate for the smooth conduct of the activities during the holy month and not to create any law and order situation or any confrontational situation, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition stands closed. 16-02-2026 (1/3) ep

D.BHARATHA CHAKRAVARTHY, J.

ep To

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

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

3. The District Revenue Officer/ Chief Administrative officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001

4. The Executive officer cum Superintendent of Wakf Tamil Nadu Wakf Board, Chennai Kancheepuram Zone, Bigg Mosque complex first floor, Poonamallee, chennai.

W.M.P.No.6191 of 2026 16-02-2026