K.Sajid Baig v. The Tamilnadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 7410 & 7412 of 2025 K.SAJID BAIG ... Petitioner Vs 1.
THE TAMILNADU WAQF BOARD REP. BY ITS CHAIRMAN, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-600 001.
2.
THE CHIEF EXECUTIVE OFFICER, TAMILNADU WAQF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-600 001.
3.
HAZARATH YARUB DARGAH WAQF, REP. BY ITS EXECUTIVE OFFICER/WAQF INSPECTOR, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the notification of the second respondent herein dated 25.01.2025, inviting applications for appointment of Muthavalli to the third respondent Waqf, quash the same and direct the first respondent herein to conduct enquiry and set out norms for 1/5
identifying the Disciples of Saint Hazarath Yarub and appoint Muthavalli to the third respondent Waqf in accordance with such qualifications. For Petitioner : Mr.S.V.Karthikeyan For R1 & R2 : Mr.Avinash Wadwani
ORDER
This writ petition is filed for a Certiorarified Mandamus calling for the notification of the second respondent dated 25.01.2025, inviting applications for the appointment of Muthavalli to the third respondent Waqf, quash the same and direct the first respondent to conduct an enquiry and set out norms for identifying the disciples of Saint Hazarath Yarub and to appoint a Muthavalli to the third respondent Waqf in accordance with such qualifications.
2. After perusing the material records of the case and hearing the learned counsel for the petitioner, the grievance of the petitioner is that, though the selection was ordered to be conducted by the earlier order of this Court and the respondents are proceeding to call for applications, especially calling for documentary evidence from the applicants to determine whether they are disciples of the particular saint, they should first have determined the 2/5
criteria. Secondly, there cannot be any documentary evidence in this regard. Thirdly, the time that is granted is also very less for people to respond.
3. I have considered the said submission. When the notification is made pursuant to the directions of this Court in C.R.P.No.565 of 2024 etc., then it is not appropriate for this Court to intervene in the selection process. If the petitioner is of the opinion that the selection has been wrongly proceeded with, it will always be open to him to challenge the selection in the manner prescribed by law. Even if any defect is alleged with respect to the selection process, it can be canvassed when the selection is challenged. Specifically, when the authorities are addressing the issue of the selection of Muthavalli pursuant to the directions of this Court at the advertisement stage, I am of the view that this Court cannot intervene at this point. While keeping open the rights of the petitioner to challenge the ultimate selection, if it is found to be erroneous, this writ petition stands disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. 26.02.2025 nsl 3/5
To 1.
THE TAMILNADU WAQF BOARD REP. BY ITS CHAIRMAN, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-600 001.
2.
THE CHIEF EXECUTIVE OFFICER, TAMILNADU WAQF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-600 001.
3.
THE EXECUTIVE OFFICER/WAQF INSPECTOR, HAZARATH YARUB DARGAH WAQF, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.
4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl 26.02.2025 5/5