The Muthawalli v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER The Muthawalli Madina Masjid and Shaik Madar Auuliya Dargah, No. 5, Jonahan Street, Foreshore Estate, Santhome, Chennai-600 028.

..Petitioner -vs1. The Revenue Divisional Officer, Chennai South, Office of the Revenue Divisional officer, Guindy, Chennai - 32.

2. The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 1.

3. M.John

4. M.James

5. M.Franklin

6. M.Sagayam @ Deiva Sagayam

7. Ruby

8. Clara

9. M.John Kiro 10.Selva Mary 11.D.Sundaramoorthy ... Respondents Prayer: Directing the 1st respondent to implement the order of the 2nd respondent dated 14.01.2011 in Proc.No.4293/C2/09 and as sought vide proceedings of the 2nd respondent dated 05.08.2022 in Na.Ka.4293/ E2/Che/ 09 and representation dated 24.02.2023.

For Petitioner:

Mr.T.Karthi Raj for Mr.I.Kowser Nissar For Respondent(s):

Mr.T.Arun Kumar, AGP for R1 Mr.S.Haja Mohideen Gisthi for R2 *****

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted to direct the 1st respondent to implement the order of the 2nd respondent dated 14.01.2011 in Proc.No.4293/C2/09 and as sought vide proceedings of the 2nd respondent dated 05.08.2022 in Na.Ka.4293/ E2/Che/ 09 and representation dated 24.02.2023.

2. The fact in nutshell would show that Wakf property has been encroached upon by private individuals. Eviction proceedings have been instituted before the Tamil Nadu Wakf Board and the Chief Executive Officer passed an order dated 14.01.2011. An appeal has been preferred before the Wakf Tribunal, which, in turn confirmed the order of the Wakf Board. Thereafter, the Chief Executive Officer addressed a letter to the Revenue Divisional Officer to execute the eviction proceedings by following the procedures as contemplated under the provisions of Section 55 of the Wakf Act, 1995. Since no action has been initiated by Revenue Divisional Officer, the present writ petition has been instituted.

3. It is needless to state that duty mandated under the Wakf Act, 1995 is to be performed by the competent authority in the manner provided and without causing any undue delay. Execution of eviction proceedings issued under the Wakf Act, 1995 is to be implemented by the jurisdictional Revenue Divisional Officer.

4. In the present case on hand, the Chief Executive has already addressed a letter to the Revenue Divisional Officer. In view of the facts and circumstances, the Competent Authority is directed to execute the eviction proceedings pursuant to the eviction order passed by Wakf Board, as confirmed by Wakf Tribunal within a period of twelve weeks from the date of receipt of a copy of this order. With the above observations and directions, the present Writ Petition is disposed of. No costs.

(S.M.S.,J.) (K.S.,J.) 16-04-2026 Index: Yes/No Speaking/Non-speaking order AR

S.M.SUBRAMANIAM,J.

AND K.SURENDER,J.

AR To:

1. The Revenue Divisional Officer, Chennai South, Office of the Revenue Divisional officer, Guindy, Chennai - 32.

2. The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 1.

16.04.2026