Madras High CourtWP/9506/2025disposed of

Habeeb Ahmed Farooki v. The Tamilnadu Wakf Board,

2025-03-20Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 10670 & 10672 of 2025 HABEEB AHMED FAROOKI ... Petitioner Vs THE TAMILNADU WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-1.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for records of the respondent vide proceeding dated 10.06.2022 in Se.Mu.Order:403/07/B6/Chen in so far as restricting the tenure for a period of three years and quash the same. For Petitioner : Mr.M.Nuzhath Khanam For Respondent : Mr.Avinash Wadwani

ORDER

The writ petition is filed challenging the impugned order dated 10.06.2022 in Se.Mu.Order:403/07/B6/Chen.

1/4

2. By the said order, the petitioner was appointed as the muthavalli for a period of 3 years, up to 31.05.2025. The claim of the petitioner is that, as per the proforma, the rule of succession is hereditary by usage. Therefore, originally, the petitioner's grandfather and subsequently the petitioner's father were the Hereditary Muthavallis. When the petitioner's father passed away on 12.05.2019 and thereafter the petitioner was recognized as the hereditary Muthavalli, the restriction of three years ought not have been imposed.

3. When the matter came up for admission, Mr.Avinash Wadwani, the learned counsel appearing on behalf of the respondent submitted that if such is the case, the petitioner could have very well made a representation, upon which the Authority would have applied its mind, corrected the entry if required or passed such revised orders recognising the petitioner as the Hereditary Muthavalli.

4. In view of the said submission, I am of the view that this writ petition can be disposed of on the following terms:- 2/4

Within one week from the date of receipt of the web copy of the order, the petitioner shall make a representation bringing to the notice of the respondent that the subject matter waqf is governed by the proforma in G.S. No.49/CHE, under which the rule of succession is hereditary by usage. Even the petitioner's application was to appoint him as the Hereditary Muthavalli. The same shall be considered by the respondent and any corrigendum to be issued to the order dated 10.06.2022 or if any revised order is to be issued, shall be considered by the respondent in accordance with the law. The said order can be passed on or before 25.05.2025. Consequently, connected miscellaneous petitions are closed. No costs. 20.03.2025 nsl To THE CHIEF EXECUTIVE OFFICER, THE TAMILNADU WAKF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI-1.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 20.03.2025 4/4