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Madras High CourtWP/10876/2026disposed of with direction

Mr.Nazeer Sulhtan, v. The Tamilnadu Waqf Board,

2026-03-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI Mr.Nazeer Sulhtan, S/o.Abdul Rahman, No.21/9, Chinnasaliya street, Swamimalai, Kumabakonam Taluk, Thanjavur Distrit.

Pincode-612302.

..Petitioner Vs

1. The Tamilnadu Waqf Board, Rep. by its Chairman, No.1, Jaffersyrang Street, Vallalseethakathi Nagar, Chennai - 600 001.

2. The Chief Execute Officer, The Tamilnadu Waqf Board, No.H1, Jaffersyrang street, Vallalseethakathi Nagar, Chennai - 600 001.

3. Mohideen Andavar Periyappalli Masjid, Rep. by Mutthawalli, Swamimalai, Kumabakonam taluk, Thanjavur District.

4. Jawhar Ali Managing Trustee of Crescent Star Trust, Swamimalai, Kumabakonam Taluk, Thanjavur

District.

..Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondent to consider the petitioner's representation dated 24.11.2025 and 05.03.2026 and take appropriate action against the 4th respondent within a stipulated time as fixed by this Court.

For Petitioner:

Mr.K.Kalimuthu For Respondents:

Mr.Avinash Wadhwani for R1 & R2 R3 & R4 - Notice dispensed with

ORDER

This petition has been filed seeking a direction to the 1st and 2nd respondent to consider the petitioner's representation dated 24.11.2025 and 05.03.2026 and take appropriate action against the 4th respondent within a stipulated time as fixed by this Court.

2.The case of the petitioner is that the petitioner is a member of the member of 'Mohideen Andavar Periya Pallivasal, which is administered and supervised by the Tamil Nadu Waqf Board. The mosque. through the Wakf Board, has maintained Crescent Star Nursery and Primary School since 1999. On 03.03.2021, a trust titled 'Crescent Star Trust' was created by Mr.Mohammed Farook, Son of Mohammad Ibrahim and the trust was registered at Swamimalai as Doc.No.4/2021. In the said trust, Jaffar Ali, brother of late Mohammad Farook and then Mujtawalli of Mohideen Andavar Periyappalli Masjid, assumed the position of Vice President and became a trustee, the 4th respondent herein. On 19.03.2022, shortly after the execution of the trust document, the tenure of the 4th respondent officially concluded.

The execution of a long term lease by him, at the end of his tenure, without prior sanction or approval from the 1st and 2nd respondents is irregular, voidable and contrary to Section 57 of Wakf Act. The petitioner submitted a representations dated 24.11.2025 and 05.03.2026 to the 1st respondent, detailing the mismanagement and alleged embezzlement of school funds by the 4th respondent, and requested appropriate action. However, no action has been taken to date. Hence the present writ petition has been filed.

3.The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents 1 & 2 to consider the petitioner's

representations dated 24.11.2025 and 05.03.2026 and pass appropriate orders within a reasonable time to be fixed by this Court. 4.Since no adverse order has been passed against the 3rd and 4th respondents, notice to them is dispensed with. 5.The learned Standing Counsel for the respondents 1 & 2 would submit that they will consider the petitioner's representations and pass appropriate orders, after providing an opportunity to the petitioner and the respondents 3 and 4.

6.Considering the limited request made by the learned counsel for the petitioner, and without expressing any opinion on the merits of the case, this Court directs the 1st and 2nd respondents to consider the petitioner's representations dated 24.11.2025 and 05.03.2026, and pass appropriate orders after affording an opportunity of hearing to the petitioner and the respondents 3 and 4, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

23-03-2026 Index: Yes/No Speaking/Non-speaking order Uma To

1. The Chairman Tamilnadu Waqf Board, No.1, Jaffersyrang Street, Vallalseethakathi Nagar, Chennai - 600 001.

2. The Chief Execute Officer, The Tamilnadu Waqf Board, No.H1, Jaffersyrang street, Vallalseethakathi Nagar, Chennai - 600 001.

3. Mohideen Andavar Periyappalli Masjid, Rep. by Mutthawalli, Swamimalai, Kumabakonam Taluk, Thanjavur District.

4. Jawhar Ali Managing Trustee of Crescent Star Trust, Swamimalai, Kumabakonam Taluk, Thanjavur District.

M.DHANDAPANI, J.

Uma 23-03-2026