M. Syed Ibrahim v. Mohamed Dhaha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)Nos.9523 & 9524 of 2025 1.M.Syed Ibrahim 2.S.Magthu Kani ... Appellants / Respondents 7 & 8 Vs.
1.Mohamed Dhaha ... 1st Respondent / Petitioner 2.The District Collector, O/o.The District Collector, Tenkasi District.
3.The Superintendent of Police, O/o.The Superintendent of Police, Tenkasi District.
4.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyangudi Sub Division, Tenkasi District.
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5.The Inspector of Police, O/o.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.
6.The Chief Executive Engineer, Tamil Nady Wakf Board, No.Jaffer Syrang Street, Vallal Seethakkathi Nagar, Chennai.
7.The Superintendent of Wakf, O/o.Wakf Superintendent, No.54, High Road, Tirunelveli - 627 001.
... Respondents 2 to 7/ Respondents 1 to 6 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to allow the Writ Appeal and set aside the order in W.P(MD)No.26690 of 2024 dated 06.11.2024 on the file of this Court.
For Appellants : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For Respondents : Mr.S.M.A.Jinnah for R.1 Mr.A.Kannan Additional Government Pleader for R.2 Mr.T.Senthil Kumar Additional Public Prosecutor for R.3 to R.5 Mr.D.S.Haroon Rasheed Standing Counsel for R.6 & R.7 2/7
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.
2.The writ petitioner's mother passed away. The writ petitioner's family is residing in Kadayanallur, Tenkasi District. The writ petitioner is a member of Thowheed Jamath. We can take judicial notice of the fact that members of Thowheed Jamath and the members of Sunnath Jamath do not see eye to eye on several aspects. But then, when it comes to the question of burial, we are clearly of the view that the wishes of the family of the deceased will have to be respected. In fact, that is the stand taken by the Tamil Nadu Wakf Board also. The Sunnath Jamath cannot insist that rituals should take place only as per their norm and only then, burial will be permitted. Since in this case, the appellant appears to have raised some objections, the learned single Judge had given a direction to the Wakf Board to take action against the appellant. 3.
It is now submitted by the learned counsel for the petitioner himself that the burial took place smoothly and that the order of this Court has been complied with. The appellant has further given an undertaking before this Court that, in future, they will abide by the directions issued by the Tamil Nadu Wakf Board. The Tamil Nadu Wakf Board has also passed a resolution dated 14.02.2024.
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4.Since the appellant is agreed to adhere to the aforesaid resolution, we are of the view that, in the interest of justice, the direction to take action against the appellant and others can be set aside. Clause 6(b) of the order of the learned single Judge is set aside.
5.This Writ Appeal is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [K.R.S., J.] 25.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 5/7
To 1.The District Collector, O/o.The District Collector, Tenkasi District.
2.The Superintendent of Police, O/o.The Superintendent of Police, Tenkasi District.
3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyangudi Sub Division, Tenkasi District.
4.The Inspector of Police, O/o.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.
5.The Chief Executive Engineer, Tamil Nady Wakf Board, No.Jaffer Syrang Street, Vallal Seethakkathi Nagar, Chennai.
6.The Superintendent of Wakf, O/o.Wakf Superintendent, No.54, High Road, Tirunelveli - 627 001.
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G.R.SWAMINATHAN, J and K.RAJASEKAR, J.
MGA 25.06.2025 7/7