Sirajudeen v. Tamilnadu Wakf Board Rep By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.925 and 7926 of 2025 Sirajudeen : Petitioner Vs.

1. Tamilnadu Wakf Board Rep By, its, the Chairman, No.1, Jaffer Sirang Street, Vallal Seethakkaathi Nagar, Chennai - 600001.

2. The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakkaathi Nagar, Chennai - 600001.

3. The Superintendent of Wakf, Thanjavur Region, Office at Edga Masjid, Railway Colony Road, Thanjavur - 613001.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the 1/6

records pertaining the impugned order in Se.Mu.Anani. 16234/01/Aa7/Thanjai dated 20.03.2025 passed by the 2nd respondent and quash the same and consequently direct the respondents to appoint the petitioner as hereditary Muthavalli of Hararath Chanda Hussain Dharga situated at Manambuchavadi, Thanjavur. For Petitioner : Mr. C.Padma Raj For Respondents : Mr.D.S.Haroon Rasheed Standing Counsel for R1 to R3

O R D E R

Challenging the appointment of an interim administration committee for the period from 24.2.2025 to 23.03.2026, the present writ petition has been filed by the petitioner.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Learned counsel for the petitioner submitted that although rent control proceedings are currently pending before the Waqf Tribunal, Chennai, certain defaulting tenants taking undue advantage of the respondents' direct management are attempting to legitimize their 2/6

unlawful actions through the respondents. The petitioner contends that, as a male member of the 'Hereditary Muthawalli's' family, he ought to have been appointed as the 'Hereditary Muthawalli'. Instead, the respondents, by order dated 20.03.2025, have constituted an interim administrative committee, which is now under challenge in the present writ petition.

4. The learned Standing Counsel appearing on behalf of the respondents, on instructions, submitted that the subject matter is already sub judice before the Wakf Tribunal and the petitioner has been arrayed as one of the parties in the said proceedings.

5. Heard the learned counsels on either side and carefully perused the entire materials available on record.

6. Considering the submissions of both parties and taking note of the fact that a suit relating to the Muthawalliship is pending before the Tamil Nadu Waqf Tribunal, Chennai in O.S.No. 24 of 2024, wherein the petitioner has been arrayed as the fifth defendant, there shall be a direction to the Tamil Nadu Waqf Tribunal, Chennai, to dispose of 3/6

the said application in O.S. No. 24 of 2024, on its own merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

21.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. Tamilnadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Wakf Superintendent, Tamilnadu Wakf Board, D.No. 159/3, Tharppasayanam Road, Vellipattinam, Ramanathapuram - 623 504.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.10654 of 2025 21.04.2025 6/6