M.Abdul Lathif v. The Tamilnadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM

THE HONOURABLE Mr.JUSTICE P.B. BALAJI M.Abdul Lathif ......Petitioner Vs The TamilNadu Wakf Board, Rep by its chief Executive Officer, No.1, Jaffer Syrang Streert, Vallal Seethakathi Nagar, Chennai-1 ....Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to record the change in management of the Karumbukadai Sunnath Jamath Mosque Wakf as per Section 42 of the Unified Wakf Management, Empowerment, Efficiency and Development Act, 1995 (UMEED Act, 1995) and issue necessary communication to the petitioner as sought vide representation dated 04.10.2025.

For Petitioner :Mr.NA.Nissar Ahmed, Senior Counsel for M/s.I.Kowser Nissar For Respondent: No Appearance

O R D E R

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The Writ Petition is filed to direct the respondent to record the change in management of the Karumbukadai Sunnath Jamath Mosque Wakf as per Section 42 of the Unified Wakf Management, Empowerment, Efficiency and Development Act, 1995 (UMEED Act, 1995) and to issue the necessary communication to the petitioner as sought vide representation dated 04.10.2025.

2. Heard Mr.NA.Nissar Ahmed, Senior Counsel appearing on behalf of M/s.I.Kowser Nissar, learned counsel for the petitioner. Despite giving an opportunity to the respondent to put forth their contentions if any and the matter being listed under the caption "for orders" today, there is no representation for the respondent.

3. The petitioner is the duly elected president of the Karumbukadai Sunnath Jamath Mosque. The learned counsel for the petitioner would draw the attention of this Court to the order passed by this Court on 26.02.2025 in W.P.No.11113 of 2025, directing the respondents 1 to 3 to immediately notify and complete the election as expeditiously as possible. He would submit that the subsequent default in complying with the orders of this Court resulted in the initiation of contempt proceedings in Cont.P.No.2110 of 2025. He would submit 2/5

that, in obedience of the order in the writ petition pending contempt, the elections were held on 21.09.2025 and results were declared on 22.09.2025.

4. The learned Senior Counsel would submit that the Board has not recognized the said results by recording the election and its results under Section 42 of the Wakf Act. The learned senior counsel also relied on the decision of this Court in W.P.No.18959 of 2022 dated 19.10.2022 wherein this Court has held that the Wakf Board is a neutral body and and has no power to countermand an election conducted by the general body and once the election is held, the role of the Wakf is confined to recognizing the elected body, besides exercising the general power of superintendence over the Wakf under Section 32 of the Wakf Act,1995. Hence, he prayed for the issuance of a writ mandamus.

5. It is seen that, pursuant to the contempt proceedings, the elections were held and the results were declared on 22.09.2025. The petitioner has been elected as President of the Karumbukadai Sunnath Jamath Mosque. Despite the petitioner communicating the same to the 3/5

respondent on 04.10.2025, the same has not been recorded by the Wakf Board. As held by this Court in the decision stated supra, the Wakf Board being a neutral body is bound to recognize the elected body and cannot raise objections. The elections having been conducted in compliance with the directions of this Court in W.P. No.11113 of 2025, there is no impediment for the respondent to recognize the duly elected representatives.

6.In the light of the above, the Writ Petition is allowed. The respondent shall record the factum of the duly elected representatives of the Karumbukadai Sunnath Jamath Mosque within a period of two weeks from the date of receipt of a copy of this order. No costs. 17.11.2025 Index : Yes/No Speaking Order : Yes / No srn To P.B. BALAJI, J, 4/5

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