Madras High CourtWP(MD)/2922/2026disposed of

Kuthbu Sulthan Syed Ibrahim Hyeed Oliyullah Dharga Haqdar Administrative Committee v. The Tamil Nadu Wakf Board

2026-02-04Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.2922 of 2026 and W.M.P.(MD).Nos.2406 and 2408 of 2026 Kuthbu Sulthan Syed Ibrahim Hyeed Oliyullah Dharga Haqdar Administrative Committee, through its President, Ahamed Ibrahim ... Petitioner Vs 1.The Tamil Nadu Waqf Board, through its Chief Executive Officer, No.1, Jabhar Syrong Street, Mannady, Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jabhar Syrong Street, Mannady, Seethakathi Nagar, Chennai-600 001.

3.K.Mohamed Shahithullakhan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned notice dated 09.01.2026 in R.C.No.17061 / 78 / B11 / Rmd issued by the second respondent and quash the same and 1/5

consequently, forbearing respondent Nos.1 and 2 from conducting any enquiry in respect of the administration of the Ervadi Kuthubu Hazarath Sulthan Syed Ibrahim Shaheed Oliyullah Dargah by the Ervadi Dharga Hakthar Administrative Committee.

For Petitioner : Mr.J.Barathan For R-1 and R-2 : Mr.K.Jeya Mohan

O R D E R

This Writ Petition has been filed challenging the impugned notice dated 09.01.2026 in R.C.No.17061/78/B11/Rmd issued by the second respondent and, consequently, seeking to forbear respondent Nos.1 and 2 from conducting any enquiry in respect of the administration of the Ervadi Kuthubu Hazarath Sulthan Syed Ibrahim Shaheed Oliyullah Dargah by the Ervadi Dharga Hakthar Administrative Committee.

2. The learned counsel appearing for the petitioner would submit that, in the present case, the petitioner is the President of the Ervadi Dharga Hakthar Administrative Committee. The respondent Nos.1 and 2 have no power or jurisdiction to interfere with the management of the Dargah or to conduct any enquiry. A Scheme has been framed for the management of the Ervadi Dargah as per the Scheme Decree dated 27.04.1989 passed in O.S.No.236 of 1978 on the file of the Sub Court, 2/5

Ramanathapuram at Madurai. If at all there is any grievance, the aggrieved person ought to approach the Scheme Court to make a complaint or seek modification of the Scheme Decree. However, without doing so, the second respondent has arbitrarily issued the enquiry notice.

3. Per contra, the learned counsel appearing for respondent Nos.1 and 2 would submit that, in the present case, the notice was issued pursuant to the directions passed by this Court in W.P.(MD).No.34437 of 2025 dated 11.09.2025, wherein the petitioner therein had made a representation to the respondents, and this Court had directed the second respondent herein to dispose of the said representation and the reminder for a limited purpose. Accordingly, the present notice was issued. In the event, the Scheme Decree is brought to their notice, the same would be recorded and appropriate orders would be passed.

4. In view of the above observations, this Writ Petition is disposed of, permitting the petitioner to appear before respondent Nos.1 and 2 and produce all relevant documents relating to the Scheme Decree dated 27.04.1989 passed in O.S.No.236 of 1978 on the file of the Sub Court, Ramanathapuram at Madurai. Upon such production, respondent Nos.1 3/5

and 2 shall take note of the existence of the Scheme Decree and dispose of the representation made pursuant to the directions issued by this Court in W.P.(MD).No.34437 of 2025, in accordance with law, by directing the concerned party, if necessary, to approach the Scheme Court. No costs. Consequently, the connected miscellaneous petitions are closed. 04.02.2026 Index : Yes/No Internet: Yes/No TSG To 1.The Tamil Nadu Waqf Board, through its Chief Executive Officer, No.1, Jabhar Syrong Street, Mannady, Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jabhar Syrong Street, Mannady, Seethakathi Nagar, Chennai-600 001.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.2922 of 2026 04.02.2026 5/5