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Madras High CourtWP/42098/2025disposed of

Dr. K.M. Kalifa Masthan Sahib Qadiri v. The Tamil Nadu Waqf Board,

2026-01-22Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.49300 of 2025 Dr.K.M.Kalifa Masthan Sahib Qadiri, Hereditary Dargah Khalifa and the First Trustee, The Leading Priest of the Nagore Dargah, Son of Mohamed Kalifa Sahib Qaidiri, No.9, Thalaimattu Street, Nagore, Nagapattinam District-611 002.

..Petitioner Vs

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2. The Managing Trustee, Nagore Dargah, Nagore, Nagapattinam - 611 002.

..Respondents For Petitioner:

Mr.K.Raja Srinivas for Mr.N.Anwarsadath For Respondents:

Mr.K.Abdul Mubeen Standing Counsel for R1 Mr. Surya Teja SS Nalla for Ms.Aishwarya S.Nathan for R2

ORDER

This matter is listed under the caption " for being mentioned."

2. It was represented before this Court that an enquiry was scheduled to take place on 23.01.2026 and recording the same, an order was passed.

3. The learned counsel for the petitioner submits that when he approached the first respondent, there was no enquiry at all on the said date. Therefore, the matter is listed under the caption "for being mentioned." The learned counsel further submits that the order may be recalled and the case considered on its own merits.

4. The learned counsel appearing on behalf of the private respondents has now produced the summons, stating that the enquiry has been fixed on 07.02.2026 and that a copy of the summons has also been issued.

5. In view of the above, merely because the date of the enquiry has been changed, the order need not be recalled, especially when the matter is listed under the caption "for being mentioned."

6. Let the Chief Executive Officer/first respondent forthwith issue summons to the petitioner also, calling upon him to participate in the enquiry scheduled on 07.02.2026. Even if no summons is received, the petitioner shall appear before the first respondent and participate in the enquiry. Let the enquiry

be proceed as expeditiously as possible. Needless to mention, the Chief Executive Officer shall issue summons to all concerned for their appearance. Since the time is short, summons can also be served through email/WhatsApp message/ such other digital and electronic means.

7. The order dated 22.01.2026 made in W.P.No.42098 of 2025, closing the impleading petition i.e., W.M.P.No.49300 of 2025 stands recalled and it shall be treated as ordered. Hence, the Registry is directed to incorporate the following as the third respondent in the order dated 22.01.2026 by amending the cause title as follows:

"3.Haji Syed Mohammed Khalifa Sahib Nagore Dargah, Nagore, Nagapattinam - 611 002." Further, in the appearance portion of the order dated 22.01.2026, with regard to the third respondent, "Ms.A.Ajimath Begam for Mr.N.Mohammed Ibrahim for R3" shall be included.

05-02-2026 NSL To The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

D.BHARATHA CHAKRAVARTHY, J.

NSL 05-02-2026