F. Ghousemuhideen, v. The Tamil Nadu Wakf Board,
2025:MHC:2056
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 33418, 33419 & 33420 of 2025 1.F.Ghousemuhideen 2.Mohammed Kaleemullah 3.Ammanullah Khan 4.I.Mohammed Nasser 5.B.Bilal Ahmed 6.Syed Ismail M 7.B.Rasheed Ahmed 8.Mohammed Nawaz G 9.D.Anwar Hussain 10.D.Iqbal Hussain 11.Roshan Nawaz 12.Mohamed Abdullah 13.Nizam Basha 14.Riazuddin 15.Mansoor Ahmed 16.Dr.Ather Basha 17.Masood. F Petitioner(s) Vs Page No.1 of 8
1. The Tamil Nadu Wakf Board, Rep. By Its The Chief Executive Officer, No.1, Jaffersyrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffersyrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.The Superintendent of Wakf, Office of Wakf, Chennai Zone, Dr.Besant Road, Triplicane, Chennai 600 005.
4.Syed FazalBasha, 5.Syed SadiqBasha 6.Mohamed Ikramulla Sheriff 7.Ajaz Ahmed 8.S.D.Abdul Latheef 9.P.S.Mohamed Mohideen 10.Jameel 11.A.Zubair Ahmed 12.K.Mohammed Javid 13.S.Syed Kasim, 14.S.K.Sheik Dawood 15.Jaffer Sadiq 16.G.Riyaz Khan Respondent(s) PRAYER Page No.2 of 8
calling for the records of the 3rd respondent in Arivipu No.6 dated 01.08.2025 and quash the same.
For Petitioner(s):
Mr.L.G.Sahadevam For Mr.M.Mohamed Aathic For Respondent(s):
Mr.Avinash Wadhwani Standing Counsel For R1 to R3
ORDER
This writ petition has been filed challenging the impugned Information No.6 dated 01.08.2025 on the ground that the objections submitted by the petitioners were not considered by the Court and in the meantime, steps have been taken to appoint respondents 4 to 9 as members of the Committee.
2. Heard Mr.L.G.Sahadevan, learned counsel for the petitioners and Mr.Avinash Wadhwani, learned Standing Counsel appearing on behalf of the respondents 1 to 3.
3. It is seen from the records that earlier writ petition was filed before this Page No.3 of 8
Court challenging the resolution appointing an Interim Committee. This writ petition was allowed by an order dated 12.02.2025 in W.P.No.4827 of 2025. The petitioners herein filed C.M.P.No.8152 of 2025 seeking for leave to file an appeal against the order passed in the writ petition and this leave petition was disposed of by the Hon'ble Division Bench of this Court by order dated 03.04.2025 and the relevant portions are extracted hereunder: "The miscellaneous petition to grant leave has been instituted by the Members of Kuraisi Mosque Wakf (Sunni) @ Masjid-E-Quraishiya.
2. The Writ Court quashed the resolution appointing an interim Committee and directed the Wakf Board to conduct the election for appointment of Muthavalli as per the Scheme that is framed in respect of the subject wakf within a period of four months.
3. The petitioners would submit that they are members and without impleading all the members the writ petition has been instituted and therefore the present petition seeking leave has been instituted.
4. This Court is of the considered opinion that the writ order would not cause any prejudice to the Page No.4 of 8
interest of the members since, the members are at liberty to submit their objections regarding eligibility or otherwise to the Wakf Board, who in turn, under the Scheme and the Act has to consider the illegality or otherwise and take a decision. When the Wakf Board vest with the power to scrutinize all these aspects, the writ order deserves no interference.
5. Thus, granting liberty to the petitioners to submit their objections before the Wakf Board which is to be considered during the appropriate time on merits and in accordance with law, the grant leave petition stands dismissed.
Consequently, W.A.SR.No.48625 of 2025 stands rejected."
4. Pursuant to the above order, the petitioners submitted their objections dated 28.04.2025 to the Wakf Board. The grievance of the petitioners is that without considering the objections, the present impugned Information No.6 dated 01.08.2025 has been issued but it has been mentioned that it will be subject to the final decision to be taken by the Wakf Board. Page No.5 of 8
5. Taking into consideration the facts and circumstances of the case, it will suffice if a direction is given to the respondents 1 and 2 to deal with the objections submitted by the petitioners on 28.04.2025 and take a decision on its own merits and in accordance with law after affording opportunity to all the parties concerned within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected Miscellaneous Petitions are closed. 08-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.6 of 8
To 1.The Tamil Nadu Wakf Board, Rep. By Its The Chief Executive Officer, No.1, Jaffersyrang Street, Vallalseethakathi Nagar, Chennai 600 001 2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffersyrang Street, Vallalseethakathi Nagar, Chennai 600 001.
3.The Superintendent Of Wakf, Office Of Wakf, Chennai Zone, Dr. Besant Road, Triplicane, Chennai 600 005 Page No.7 of 8
N.ANAND VENKATESH J.
Jeni 08-08-2025 Page No.8 of 8