K.Mohamed Rafix@Babu Sait v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.23914, 23917, 23918, 23957 & 23958 of 2025 W.P.No.21180 of 2025 K.Mohamed Rafik @ Babu Sait S/o.Late.M.A.Khuddus Petitioner Vs 1.The Government of Tamil Nadu represented by its Principal Secretary, Backward Classes, Most Backward Classes and Minority Welfare, Fort St. George, Rajaji Salai, Chennai-600 001. 2.Tamil Nadu Waqf Board represented by its Chairman, Vallal Seethakathi Street, Chennai-600 001.

3.The Chief Executive Officer, No.1, Jafar Syrang Street, Vallal Seethakathi Street, Chennai-600 001.

4.The Superintendent of Waqf, Office of the Waqf Superintendent, No.139, Dr.Annie Besant Road, Ice House, Triplicane, Chennai-600 005.

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5.Adhoc Committee, Chettys Garden Mosque @ Naul Band Mosque Waqf represented by its Muthawalli, No.72, Ellis Road, Chennai-600 002.

Respondent(s) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in respect of the communication dated 05.05.2025 in Na.Ka.No.47/br-tf-brr issued by the 4th respondent to the 5th respondent for preparation of voters and members list for conducting election for the office bearers of Chettys Garden Mosque @ Naul Band Mosque Waqf, No.72, Ellis Road, Chennai-600 002 and subsequent election notification of the fourth respondent for conducting the election on 14.06.2025. For Petitioner : Mr.C.D.Sugumar For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader [R1] Mr.Mohammed Fayaz Ali Standing Counsel [R2 to R5] W.P.No.21212 of 2025 Syed Hameedudin S/o.Syed Kalimuddin Petitioner Vs

1. The Tamil Nadu Waqf Board Represented By Its Chairman, Chennai 600 001.

2.The Chief Executive Officer, Chennai 600 001.

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3.The Superintendent of Waqf, Chennai 600 001 Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Election Notification in Na.Ka.No.14384/07/AA6/Chennai dated 10.06.2025 passed by the third respondent herein to quash the same and consequently direct the respondents to conduct elections as per the Scheme Decree/Waqf Proforma with the member following the principles of Sunnath Thariqa. For Petitioner : Mr.B.Sasidaran For Respondents : Mr.Mohammed Fayaz Ali Standing Counsel ***** COMMON ORDER These writ petitions have been filed challenging the communication dated 05.05.2025 issued by the Superintendent of Waqf to the Adhoc Committee for conducting election on the ground that the Superintendent of Waqf lacks power and jurisdiction. The election notification dated 10.06.2025 issued by the Superintendent of Waqf has also been put to challenge.

2. Heard learned counsel on either side.

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3. Learned Standing Counsel appearing on behalf of the Tamil Nadu Waqf Board submitted that the election proposal has been postponed and the objections are going to be heard by the Committee of the Tamil Nadu Waqf Board and a decision will be taken. Therefore, learned Standing Counsel submitted that the petitioners can submit their objections before the Committee.

4. In the light of the above development, the submission of the learned Standing Counsel appearing on behalf of the Tamil Nadu Waqf Board is recorded and it is left open to the petitioners to submit their objections before the Committee, which shall take a decision in accordance with law.

These writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 13.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Principal Secretary, Government of Tamil Nadu Backward Classes, Most Backward Classes and Minority Welfare, Fort St. George, Rajaji Salai, Chennai-600 001. 2.The Chairman, Tamil Nadu Waqf Board Chennai-600 001.

3.The Chief Executive Officer, No.1, Jafar Syrang Street, Chennai-600 001.

4.The Superintendent of Waqf, Office of the Waqf Superintendent, No.139, Dr.Annie Besant Road, Ice House, Triplicane, Chennai-600 005.

5.Adhoc Committee, Chettys Garden Mosque @ Naul Band Mosque Waqf represented by its Muthawalli, No.72, Ellis Road, Chennai-600 002.

6.The Superintendent of Waqf, Vallal Seethakathi Nagar, Chennai - 600 001.

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N.ANAND VENKATESH, J gm 13.06.2025 6/6