A.Khaja Khan v. Tamil Nadu Wakf Board
IN THE HIG H COURT OF JUDICATURE AT MADRAS
DATED : 29.05.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19491 of 2025 A.Khaja Khan .. Petitioner
Versus
1. The Tamil Nadu Wakf Board, Rep. by Chairman, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3. Kaleem Basha, President, Al Masjidul Madinah Dhakni Ahalus Sunnath Val Jamath, 40, Main Road, Podanur, Coimbatore - 641 023.
4. Mohammed Shakir, Muthawalli, Al Masjidul Madinah Dhakni Ahalus Sunnath Val Jamath, 40, Main Road, Podanur, Coimbatore - 641 023. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to conduct enquiry with regard to misappropriation and maladministration of respondents 3 and 4 after assuming direct management of Al Masjidul Madinah Dhakni Ahalus Sunnath Val Jamath, 40, Main Road, Podanur, Coimbatore - 641 023 as sought 1/6
vide petitioner's representation dated 19.10.2022, 21.03.2024, 28.04.2025 and lastly dated 22.05.2025.
For Petitioner : Mr.L.Kowser Nissar For Respondents : Mr.S.Haja Mohideen Gisti Standing Counsel for R1 & R2
ORDER
This Writ Petition has been filed to direct the first and second respondents to conduct enquiry with regard to misappropriation and maladministration of the third and fourth respondents after assuming direct management of Al Masjidul Madinah Dhakni Ahalus Sunnath Val Jamath, 40, Main Road, Podanur, Coimbatore - 641 023 as sought vide petitioner's representation dated 19.10.2022, 21.03.2024, 28.04.2025 and lastly dated 22.05.2025.
2. The case of the petitioner is that the third respondent is the President and the fourth respondent is the Muthawalli of the Wakf and the managing Committee was elected for a period of three years from 03.09.2919 and the tenure has expired. However, the third and fourth respondents are still continuing in office and have committed several acts of mismanagement and maladministration by misappropriating wakf funds and they have also illegally 2/6
sold wakf property allotted as Imam's quarters and misappropriated the sale proceeds. In this regard, the petitioner has made several representations. However, no action has been taken so far. Hence, the present Writ Petition.
3. The learned counsel appearing for the petitioner would submit that the third and fourth respondents are violating the provisions of Wakf Act and have committed several acts of mismanagement and maladministration by misappropriating wakf funds. It is further submitted that the representations given by the petitioner in this regard have not been considered by the first respondent. Hence, he has filed the present writ petition.
4. The learned Standing Counsel appearing for the first and second respondents would submit that with the same set of allegations, the petitioner has already filed a similar Writ Petition in W.P.No.11479 of 2023 against the members of Wakf Board and as per the direction of this Court, the representation of the petitioner has been considered and appropriate Order has been passed. In order to harass the respondents, the petitioner has filed the present Writ Petition.
5. In reply, the learned counsel appearing for the petitioner would 3/6
submit that the allegations in the previous Writ Petition is different and in the present Writ Petition is with regard to fact that the third and fourth respondents are attempting to sell the wakf properties and to misappropriate the sale proceeds. Therefore, submitted that the issue in the present Writ Petition is totally different from the earlier allegation.
6. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the first and second respondents and perused the materials available on record.
7. In view of the limited prayer in this Writ Petition, without expressing any opinion on merits of the matter, the first respondent/Wakf Board is directed to consider the representation of the petitioner dated 22.05.2025 on merits and pass final Orders after issuing notice to all the persons interested within a period of twelve weeks from the date of receipt of a copy of this Order.
8. With the above directions, this Writ Petition is disposed of. No costs.
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Index :Yes/No Internet :Yes/No To,
1. The Tamil Nadu Wakf Board, Rep. by Chairman, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
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T.V.THAMILSELVI, J.
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