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Madras High CourtWP/35477/2025dismissed

M.K.Sahabdeen v. The Tamil Nadu Waqf Board

2025-09-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 39708 and 39710 OF 2025

1. M.K.Sahabdeen S/o.Mohamed Kani, 7, Bharath Nagar, 4th Street, Karumbukkadai, Coimbatore- 641 008.

Petitioner(s) Vs

1. The Tamil Nadu Waqf Board Rep By Its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Chennai-01.

2.The Chief Executive Officer Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Chennai-01.

3.The Superintendent Of Waqfs Executive Officer Karumbukadai Sunnath Jamath Mosque, Coimbatore Zone, Coimbatore Waqf Office, Coimbatore.

Respondent(s)

PRAYER: The writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Certiorari, to call for the records relating to the impugned election proceedings in G.S. No.90/Kovai / Va.Ka/ Election/ 2025 dated 09.09.2025 including the voters list prepared by the 3rd respondent, quash the same and consequently direct the 2nd respondent to prepare a fair voters list based on actual subscription records and to conduct the election under the supervision of a neutral waqf superintendent not connected to the earlier disputes.

For Petitioner(s):

Mr.G.Sankaran, Sr.C.

For M/s.A.Rajamohamed

ORDER

The writ petition has been filed seeking to quash the impugned election proceedings in G.S. No.90/Kovai / Va.Ka/ Election/ 2025 dated 09.09.2025 including the voters list prepared by the 3rd respondent and consequently, direct the 2nd respondent to prepare a fair voters list based on actual subscription records and to conduct the election under the supervision of a neutral wakf superintendent not connected to the earlier disputes.

2. The learned Senior counsel for the petitioner submitted that the present impugned order passed by the third respondent is contrary to the order passed by this Court in W.P.No.11113 of 2025 dated 26.03.2020. The learned counsel prays that this Court may dispose of this writ petition by granting liberty to the

petitioner to file a contempt petition before this Court.

3. Considering the limited request made for by the learned Senior Counsel for the petitioner, this Court without going into the merits of the issue, dispose of this writ petition by granting liberty to the petitioner to work out the remedy as against the respondents herein in the manner known to law.

4. The writ petition is dismissed with the aforesaid observation and direction. No costs.

15-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Tamil Nadu Waqf Board Rep By Its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Chennai-01.

2.The Chief Executive Officer Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Chennai-01.

M.DHANDAPANI J.

rli 3.The Superintendent Of Waqfs Executive Officer Karumbukadai Sunnath Jamath Mosque, Coimbatore Zone, Coimbatore Waqf Office, Coimbatore.

15.09.2025

15-09-2025