A.Khaja Khan v. Mohammed Shakeer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI in WP No. 32995 of 2025 A.Khaja Khan S/o.H.Amir Khan, No.3, Vannarapettai Veethi, Podanur, Coimbatore - 641 023.

Petitioner(s) Vs

1. Mohammed Shakeer Muthawalli, Al-Masjithul Madeena Dhakni Ahlus Sunnath Val Jamath Pallivasal, No.40, Pothanur Main Road, Coimbatore.

2.The Tamil Nadu Waqf Board Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seedhakadhi Nagar, Mannady Chennai-01.

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

4.The Superintendent of Waqf, Coimbatore Zone, Having Office at Hydera Ali Tippu Sultan Mosque and Khabarasthan, Mettupalayam Road, Coimbatore - 641 001.

Respondent(s) WP No. 32995 of 2025

1. Mohammed Shakeer Muthawalli, Al-Masjithul Madeena Thakni Ahlus Sunnath Val Jamath Pallivasal, No.40, Pothanur Main Road, Coimbatore.

Petitioner(s) Vs 1.The Tamil Nadu Waqf Board Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Mannady, Chennai - 01.

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

3.The Superintendent of Waqf, Coimbatore Zone, Having Office at Hydera Ali Tippi Sulthan Mosque & Kabarastan, Mettupalayam Road, Coimabatore - 641 001.

Respondent(s)

For Petitioner(s):

Mr.N.A.Nissar Ahmed, Senior Counsel For Respondent(s):

Ms.A.Ajimath Begum for R1

ORDER

This Writ Miscellaneous Petition is filed to grant leave to the petitioner to file the above petition to recall the order dated 22.09.2025 made in W.P.No.32995 of 2025.

2.The learned counsel appearing for the petitioner would submit that the petitioner is the Secretary of the AL-Masjithul Madeena Dakhni Ahlus Sunntah Val Jamath Pallivasal wakf and the first respondent is the President of the said Wakf. Prior to the filing of the Writ Petition in W.P.No.32995 of 2025 by the first respondent, as against the first respondent, the petitioner filed a Writ Petition before this Court in W.P.No.19491 of 2025 for directing the second and third respondents to enquire with regard to the mismanagement and maladministration of the first respondent and another and this Court by its order dated 29.05.2025 issued a direction to the second respondent to conduct enquiry

and pass appropriate orders. Pursuant to which, the third respondent issued a summon on 09.07.2025, challenging the same, the first respondent/President has filed W.P.No.32995 of 2025 and this Court inadvertently quashed the summon dated 09.05.2025, as if it is a relief for constitution of a management for conducting the election and issued a direction to the second respondent to conduct the election. Pursuant to the order passed by this Court, the summon dated 09.07.2025 was not proceeded by the third respondent as against the office bearers of the said Waqf. Aggrieved by the same, the present Writ Miscellaneous Petition has been filed.

3.In response, the learned counsel for the first respondent would submit that the writ miscellaneous petitioner is the Secretary of the waqf, in which the first respondent is the President and that on the complaint made by the petitioner, a summon was issued to the first respondent on 09.07.2025. The learned counsel further submitted that a direction be issued to the third respondent to conduct enquiry on the summon dated 09.05.2025 and to simultaneously conduct the election of the waqf.

4.Since no adverse order is passed against the respondents 2 to 4, notice to them is dispensed with.

5.In view of the facts and circumstances of the case, the 4 th paragraph of the order of this Court dated 22.09.2025 in W.P.No.32995 of 2025 is clarified in the following terms;

"The third respondent/Chief Executive Officer, Tamil Nadu Waqf Board is directed to proceed with the summon dated 09.07.2025 as against the office bearers of the waqf and to conclude the same in accordance with law and simultaneously, the second and the third respondents are directed to conduct the election in respect of the waqf as directed by this Court."

6.With the above observation, the writ miscellaneous petition is disposed of.

10-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tamil Nadu Waqf Board Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seedhakadhi Nagar, Mannady Chennai-01.

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

3.The Superintendent of Waqf, Coimbatore Zone, Having Office at Hydera Ali Tippu Sultan Mosque and Khabarasthan, Mettupalayam Road, Coimbatore - 641 001.

M.DHANDAPANI J.

Tsg i in WP No. 32995 of 2025 10-11-2025