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Madras High CourtWP/25975/2023withdrawn dismissed

Mohammed Kalemullah Sheriff v. The State Of Tamil Nadu

2025-10-06Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.25380, 25381, 26591 of 2023 & 17474, 17631 of 2024 1 MOHAMMED KALEMULLAH SHERIFF 2 MOHAMMED KALELULLAH SHERIFF 3 MOHAMMED OMAR SHERIFF 4 MOHAMMED BURHAN SHERIFF 5 MOHAMMED SUHAIL SHERIFF ... Petitioners in both the W.Ps.

Vs.

1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO THE GOVERNMENT, BANKWARD CLASS AND MINORITY WELFARE, FORT ST.GEORGE, CHENNAI - 600 009.

2 TAMIL NADU WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

3 THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAKF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

4 THE SUPERINTENDENT OF WAQF, NO.5, DR.NATESAN ROAD, 1/6

ICE HOUSE, CHENNAI - 600 005.

5 BARAFATH CHARITIES SHEIK DAWOOD MEELAD WAKF COMMITTEE, REP. BY ITS PRESIDENT Y.MOHAMMED S/O.YUNUS, OLD NO.13, NEW NO.27, QUAIDE MILLETH SALAI, TRIPLICANE, CHENNAI - 600 005.

... Respondents in W.P.25975/2023 1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO THE GOVERNMENT, BANKWARD CLASS AND MINORITY WELFARE, FORT ST.GEORGE, CHENNAI - 600 009.

2 TAMIL NADU WAKF BOARD, REP. BY ITS CHAIRMAN, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

3 THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAKF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

4 THE SUPERINTENDENT OF WAQF, NO.5, DR.NATESAN ROAD, ICE HOUSE, CHENNAI - 600 005.

5 BARAFATH CHARITIES SHEIK DAWOOD MEELAD WAKF COMMITTEE, REP. BY ITS PRESIDENT Y.MOHAMMED S/O.YUNUS, OLD NO.13, NEW NO.27, QUAIDE MILLETH SALAI, 2/6

TRIPLICANE, CHENNAI - 600 005.

... Respondents in W.P.27142/2023 Prayer in W.P.No.25975 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records pertaining to the impugned order bearing Inam No.70/22, Na.Ka.No.5098/95/ Aa9/Chennai, dated 23.06.2022 passed by the second respondent and quash the same as arbitrary, illegal and unconstitutional and consequently direct the respondents, their men, agents, servants, officers, authorities and/or any third parties acting on their behalf to forbear, from in any manner putting up any constructions on the wakf properties described in the schedule.

Prayer in W.P.No.27142 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for records pertaining to the impugned order bearing S.No.18, Item No.56/23 and Na.Ka.No.5098/95/Aa9/ Chennai, dated 16.05.2023 on the file of the second respondent and quash the same as arbitrary, illegal and unconstitutional and consequently direct the respondents, their men, agents, servants, officers, authorities and/or any third parties acting on their behalf to forbear, from in any manner putting up any constructions on the Wakf properties described in the schedule.

For Petitioners : Mr.Abhinav Parthasarathy For Respondents : Mrs.S.Anitha for R1 Special Government Pleader 3/6

Mr.Haja Mohideen Gisthi for R2 to R4 Mr.N.A.Nassir Hussain for R5 C O M M O N O R D E R The learned counsel appearing for the petitioners submit that the relief sought for in this writ petition has become infructuous and has also made an endorsement to that effect.

2.In view of the endorsement made by the learned counsel appearing for the petitioners, these writ petitions are dismissed as infructuous with liberty to work out the remedy before the Chief Executive Officer. No costs. Consequently, connected miscellaneous petitions are closed.

06.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE SECRETARY TO THE GOVERNMENT, BANKWARD CLASS AND MINORITY WELFARE, FORT ST.GEORGE, CHENNAI - 600 009.

2 TAMIL NADU WAKF BOARD, 4/6

REP. BY ITS CHIEF EXECUTIVE OFFICER, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

3 THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAKF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

4 THE SUPERINTENDENT OF WAQF, NO.5, DR.NATESAN ROAD, ICE HOUSE, CHENNAI - 600 005.

5 TAMIL NADU WAKF BOARD, REP. BY ITS CHAIRMAN, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI - 600 001.

6 BARAFATH CHARITIES SHEIK DAWOOD MEELAD WAKF COMMITTEE, REP. BY ITS PRESIDENT Y.MOHAMMED S/O.YUNUS, OLD NO.13, NEW NO.27, QUAIDE MILLETH SALAI, TRIPLICANE, CHENNAI - 600 005.

5/6

M.DHANDAPANI,J.

pri And W.M.P.Nos.25380, 25381, 26591 of 2023 & 17474, 17631 of 2024 6/6

06.10.2025 7/6