M.M.R. Abdul Kareem v. The Tamil Nadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP (MD) Nos.10661 & 10662 of 2025 M.M.R. Abdul Kareem ... Petitioner vs.

1. The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

2. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

3. Khadar Sheriff, The Superintendent of Waqf Cum Election Officer, Madurai Region, 1/5

Town Hall Road, Madurai.

4. H.Kalifullah

5. K.Mohamed Ali Jinnah

6. M.Shah Jahan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 3rd respondent in Na.Ka.No. G.S. 204/V.K/EL/AA/Madurai 2025 dated 13.05.2025 and quash the same as illegal in so far as it relates to permitting the encroachers (respondents 4 to 6) from participating in the election to the Mohaideen Andawar Periya Pallivasal Waqf Melur, is concerned and consequently direct the respondents to remove the encroachments made in respect of the properties of the waqf in survey no. 227/2B, 228, 245/7, 227/5, 228 and 251/1, Melur Taluk, Madurai District. For Petitioner : Mr.M.Mahaboob Athiff For R1 & R2 : Mr.D.S.Haroon Rashid For R4 : Ms.H.Jasima Yasmin for M/s.Ajmal Associates For R6 : Mr.J.Lawrance For R3 & R5 : No appearance 2/5

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The election notification dated 13.05.2025 is sought to be assailed in the present writ petition.

2. The list of approved candidates were published. However, no writ against such election related disputes are entertainable by way of a writ proceedings, since an efficacious alternate remedy is contemplated under the Waqf Act. Granting liberty to the petitioner to approach the Waqf Tribunal to adjudicate the issues on merits. With this liberty, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 12.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5

To

1. The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

2. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

3. Khadar Sheriff, The Superintendent of Waqf Cum Election Officer, Madurai Region, Town Hall Road, Madurai.

4/5

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

PKN ORDER MADE IN DATED : 12.06.2025 5/5