S.K.Mohideen Abdul Khader v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 24118 of 2025 AND WMP NO. 27118 OF 2025,WMP NO. 27119 OF 2025 S.K.Mohideen Abdul Khader The Secretary, Akbar Basha Mosque And Burial Ground Wakf, No.84, Dr. Natesan Road, Triplicane, Chennai-600 005.
... Petitioner Vs
1. The Tamil Nadu Wakf Board Rep. By Its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
3.The District Revenue Officer Cum Chief Administrative Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
4.The Executive Officer Cum Superintendent Of Wakf Tamil Nadu Wakf Board, Chennai -poonamallee Zone, No.139, Dr. Besant Road, Ice House, Triplicane, Chennai-600 005.
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5.K. Basha No.5, 4th Street, Kalaishpuram, Mylapore, Chennai-600 004.
6.K. Munavar Basha No.120, Dr. Natesan Road, Triplicane, Chennai-600 005.
... Respondents PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the Tamil Nadu Government Gazette for publication of the Tamil Nadu Wakf Board resolution Item No.175/25, in R.C.No.18037/09/B6/CHN dated 20.05.2025 in Lr.RC.No.18037/B6/Chennai, dated 18.06.2025 through the 3rd Respondent herein to take over the Akbar Basha Mosque and Burial Ground Wakf. Situated at No.84, Dr. Natesan Road, Triplicane, Chennai-600 005 by the Tamil Nadu Wakf Board under its direct management and quash the same. For Petitioner :
Mr.L.Gavaskar For Respondent(s):
Mr.Avinash Wadhwani Standing Counsel - For RR1 To 4
ORDER
This writ petition has been filed challenging the Notification issued by the Tamil Nadu Wakf Board published in the Tamil Nadu Government Gazette on 03.06.205 and for a consequential direction restraining the Wakf Board from taking over direct management of the Wakf.
2. When the writ petition came up for hearing on 04.07.2025, this Court heard the learned counsel for the petitioner. The learned counsel mainly raised 2/6
two grounds. First ground is that, such notification has been issued without affording opportunity to the petitioner. The second ground is that the notification was issued in the name of the Chief Administrative Officer of the Tamil Nadu Wakf Board, who lacks jurisdiction since such power is vested only with the Chief Executive Officer under Section 26 of the Wakf Act 1995.
3. When the writ petition was taken up for hearing today, the learned Standing Counsel appearing on behalf of the Wakf Board brought to the notice of this Court, the resolution that was passed by the Wakf Board dated 20.05.2025. On going through the same, it is clear that opportunity was in fact was given to the learned counsel appearing for the petitioner and also to the petitioner, who has given his explanation. The first ground raised by the learned counsel for the petitioner as if no opportunity was given is unsustainable.
4. The next ground touches upon the jurisdiction of the notification issued in the name of the Chief Executive Officer. For this purpose, this Court must take into consideration Section 27 of the Act, which talks about delegation of powers by the Board. It is brought to the notice of this Court that such delegation of powers has been given in favour of the Chief Administrative Officer under G.O.Ms.No.62 dated 09.08.2024. Hence, the second ground that has been raised by the learned counsel for the petitioner has also been sufficiently answered by the Wakf Board.
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5. The other grounds that were raised by the learned counsel for the petitioner cannot be gone into in the present writ petition since the petitioner has an efficacious alternative remedy before the Wakf Tribunal. The legal grounds that were raised by the learned counsel for the petitioner, touching upon the scope of Section 69 of the Act and the other grounds raised on merits cannot be considered by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India.
6. In view of the above, this writ petition is disposed of by granting liberty to the petitioner to raise all the grounds before the Tribunal and work out his remedy in the manner known to law. The Tribunal shall deal with the case on merits without putting the ground of delay against the petitioner.
7. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. Note : Issue order copy today (15.07.2025) 15-07-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6
To 1.The Tamil Nadu Wakf Board Rep. By Its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
3.The District Revenue Officer Cum Chief Administrative Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
4.The Executive Officer Cum Superintendent Of Wakf Tamil Nadu Wakf Board, Chennai -poonamallee Zone, No.139, Dr. Besant Road, Ice House, Triplicane, Chennai600 005. 5/6
N.ANAND VENKATESH J.
WP No. 24118 of 2025 15-07-2025 6/6