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Madras High CourtWP/7394/2024closed

K.A.U.Assana Marecar, v. The Under Secretary,

2026-03-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 7394 of 2024 & W.M.P.Nos.8298 and 8299 of 2024 K.A.U.Assana Marecar, S/o. Abdul Jabbar, No. 51, Duplex Street, Karaikal, Puducherry -609602.

..Petitioner(s) Vs

1. The Under Secretary, Department Of Hri And Waqf, Office of the District Collector, Pettaiyan Sathiram, Puducherry - 605 009

2. The Superintending Engineer, Circle-III, Public Works Department, Karaikal, Puducherry.

3. The Chief Executive Officer Cum Secretary, Nos. 1 & 3, 3rd Floor, Yanam Venkatachalam Pillai Street, Puducherry State Waqf Board, Puducherry - 605001.

4. The Management Committee - AUQAF, Periya Pallivasal, Masthan Sahib Valliyullah Dargah Shareef, Karaikal -609602.

5. A.M.H.Naji, Lemair Street, Karaikal - 609602.

6. A.Ariff, Duplex Street, Karaikal -609602.

7. O.Mohamed Abdullah Maraicar, 78, Lemair Street, Karaikal -609602.

8. M.Mohamed Ariff Maraicar, 53/1, Perumal Koil Street, Karaikal -609602.

9. Sayed Farook, Lemair Street, Karaikal -609602.

10.S.K.T.Mohamed Sultan Ariff, 66, Mustafa Kamal Street, Karaikal -609602. 11.Y.Mohamed Ismail Maraicar, 104, Kamarajar Street, Karaikal -609602.

12.Abdul Kadar @ Chinna Thambi, Mohamed Sultan Street, Karaikal -609602.

13.S.Mohamed Jaffer, 2, Thayar Colony, Puthuthurai, Karaikal -609602.

14.O.Kappaba @ Mohamed Ali Maraicar, Mastan Palli Street, Karaikal -609602.

15.M.Mohamed Ali Maraicar, 98, Masthan Palli Street, Karaikal -609602. 16.A.P.Sultan Maraicar, 65, Duplex Street, Karaikal -609602.

17.J.Abdul Majid, 12, 2nd Cross Street, Barathi Nagar, Karaikal -609602.

18.S.Mohamed Ganisayub Maraicar, 24, Ganisha Palli Street, Niravi, Karaikal -609 604.

19.M.I.Mohideen Abdul Kadar, 68, Musthaba Kamal Street, Karaikal -609 602.

20.I.Abdul Rahim, 9/2, Ramaiah Nagar, Karaikal -609602.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 22.12.2022 passed by the 1st respondent and quash the same and further direct the respondents 1 to 4 to allow for offering daily prayer in Peria Pallivasal Mosque at Karaikal. For Petitioner(s):

Mr.J.Rajmohan For Respondent(s):

Mr. Prakash Adiapadam for R5 Mr.V.Vasanthakumar for R1 to R3 Additional Government Pleader [Pondy] Mr.Mohammed Fayaz Ali for R9

ORDER

This Writ Petition has been filed to call for the records pertaining to the impugned order dated 22.12.2022 passed by the 1st respondent and quash the same and further direct the respondents 1 to 4 to allow for offering daily prayer in Peria Pallivasal Mosque at Karaikal.

2. The learned counsel appearing for the petitioner would submit that challenging the appointment of the restoration committee for restoration of the Karaikal Varathan Periya Pallivasal dated 22.1.2022, the petitioner has come up with the present petition. Further, the learned counsel appearing for the petitioner would submit that for the very same issue, already this Court in W.P.No.14386 of 2023 dated 26.02.2024 directed the Wakf Board to dispose

of W.T.O.P.Nos.2 of 2023 and 1 of 2024, therefore, this Writ Petition may be closed by issuing a direction to the WAKF Board to implement in the order passed in W.P.No.14386 of 2023 dated 26.02.2024 as well as the order passed in C.R.P.(PD) Nos.5267 and 5278 of 2024 dated 27.01.2025.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader [Pondy] appearing for the respondents 1 to 3, the learned counsel appearing for the respondents 5 and 9 and perused the entire documents placed on record.

4. Considering the fact that the similar issue involved in this present Writ Petition was earlier dealt with in W.P.No.14386 of 2023 dated 26.02.2024 as well as in the order passed in C.R.P.(PD) Nos.5267 and 5278 of 2024 dated 27.01.2025, no further order is required in the present Writ Petition and the present Writ Petition is closed. Accordingly, the respondents 1 to 4 are directed to implement the order passed in W.P.No.14386 of 2023 dated 26.02.2024 as well as the order passed in C.R.P.(PD) Nos.5267 and 5278 of 2024 dated 27.01.2025. Consequently, connected miscellaneous petitions are closed. No costs.

24-03-2026 Index: Yes/No Speaking/Non-speaking order

To

1. The Under Secretary, Department Of Hri And Waqf, Office of the District Collector, Pettaiyan Sathiram, Puducherry - 605 009

2. The Superintending Engineer, Circle-III, Public Works Department, Karaikal, Puducherry.

3. The Chief Executive Officer Cum Secretary, Nos. 1 & 3, 3rd Floor, Yanam Venkatachalam Pillai Street, Puducherry State Waqf Board, Puducherry - 605001.

4. The Management Committee - AUQAF, Periya Pallivasal, Masthan Sahib Valliyullah Dargah Shareef, Karaikal -609602.

M.DHANDAPANI, J.

ssd 24-03-2026