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Madras High CourtWP/38974/2025disposed of with direction

Sheik Ibrahim Shah Hauliya Dharga v. Tamil Nadu Waqf Board

2025-10-14Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 38974 of 2025 and WMP Nos.43639, 43640 and 43641 of 2025 Sheik Ibrahim Shah Hauliya Dharga and Pallivasal, Sunnath Jamath, Rep. by its Hereditary Mutawalli, A.Sathulah Khan, S/o.Abdulla, Pallur Road, Thiruvathigai, Panruti Taluk, Cuddalore District - 607 106.

Petitioner(s) Vs

1. Tamil Nadu Waqf Board, Rep. By Its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Inspector General of Registration No.100, Santhome High Road, Chennai-600 028.

3.The Sub- Registrar The Sub- Registrar Office, Kumbakonam Road, Panruti Taluk, Panruti-607 106.

4.Dr.A.Thajudden, M.B.B.S 5.Dr.S.Razia,m.B.B.S Respondent(s)

PRAYER This Writ Petition is field under Article 226 of Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records relating to the impugned communication dated 21.08.2025 made in RC.No.3418/2024/ Land issued by the 1st respondent and the consequential communication, dated 02.09.2025 made in Letter No.38470/CA3/2025 issued by the 2nd respondent to the 3rd respondent quash the same and consequently direct the 1st respondent to delete the land comprised in Oldest survey No.397, Old Survey No.321, New T.S.No.4/3 situated at ward C, Block No.11, Thiruvathigai village, Panruti, Cuddalore district in the list annexed to the impugned communication dated 21.08.2025 under the heading of "Details of Noc cases approved by the board on 14.08.2025 in SI. No.214 and 215 so as to enable to include the same in the waqf Register of Tamil Nadu Waqf Board maintained by the 1st respondent. For Petitioner(s):

Mr.G.Ethirajulu For Respondent:

Mr.Abdul Mubeem for R1 Mr.R.Sasikumar, Government Advocate for R2 and R3

ORDER

This writ petition has been filed to quash the impugned communication dated 21.08.2025 made in RC.No.3418/2024/ Land issued by the 1st respondent and the consequential communication, dated 02.09.2025 made in Letter No.38470/CA3/2025 issued by the 2nd respondent to the 3rd respondent and consequently direct the 1st respondent to delete the land comprised in Oldest survey No.397, Old Survey No.321, New T.S.No.4/3 situated at ward C, Block No.11, Thiruvathigai village, Panruti, Cuddalore district in the list annexed to the impugned communication dated 21.08.2025 under the heading of "Details of Noc cases approved by the board on 14.08.2025 in SI. No.214 and 215 so as to enable to include the same in the Waqf Register of Tamil Nadu Waqf Board maintained by the 1st respondent.

2. The learned counsel for the petitioner submitted that A.Sathulah Khan is the Hereditary Mutawalli of Sheik Ibrahim Shah Hauliya Dharga and Pallivasal and he has been administering the affairs and properties of the said Dharge since 1996 as per proceedings of the Tamil Nadu Waqf Board. It is the grievance of the petitioner that the respondents 4 and 5 have alienated certain lands of Waqf properties in T.S.No.4/3 which are owned by the petitioner due to the impugned proceedings though he made serious objections. Hence, he made representation to the respondents in this regard. However the same has not been considered till date. Hence, this writ petition.

3. Mr.Abdul Mubeem, learned counsel appearing for the first respondent would submit that a direction may be issued to consider the representation of the petitioner by the respondents within a stipulated time.

4. In view of the same, the first respondent is directed to consider the representation of the petitioner, 12.09.2025 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

14-10-2025 vum Index:Yes/No Speaking/Non-speaking order

M.DHANDAPANI,J., vum To 1.Tamil Nadu Waqf Board Rep. By Its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-01.

2.The Inspector General Of Registration No.100, Santhome High Road, Chennai-28.

3.The Sub- Registrar The Sub- Registrar Office, Kumbakonam Road, Panruti Taluk, Panruti-607 106.

WP No. 38974 of 2025 and WMP Nos.43639, 43640 and 43641 of 2025 14-10-2025