Jailania Pallivasal (Masjid) v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.10970 & 13391 of 2025 Jailania Pallivasal (Masjid), Represented by its Secretary, A.Anvar Babu, Son of Abdul Razack, Ahlus Sunnath Val Jamath Committee, Jailania Main Street, Subramaniyapuram, Trichy - 620 020.

... Petitioner Vs.

1.The Chairman, No.1, Jaffar Syrang Street, 2.The Chief Executive Officer, No.1, Jaffar Syrang Street, 1/6

3.The Superintendent of Waqf, Palakarai, Trichy - 620 008.

4.S.Akbar Basha (R.4 is impleaded vide order of this Court dated 12.06.2025) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Na.Ka.No. 8541/14/Aa5/Trichy dated 27.02.2025 issued by the second respondent and quash the same, consequently forbear the respondents from initiating any further action or enquiry against the petitioner and the Management Committee members of the Jailania Pallivasal (Masjid), Ahlus Sunnath Val Jamath Committee based on the impugned order of the second respondent.

For Petitioner : Ms.S.Mahalakshmi For Respondents : Mr.S.A.Ajmal Khan Standing Counsel for R.1 to R.3 Mr.K.Vadivelu for R.4

ORDER

Heard both sides.

2/6

2.The writ petitioner challenges the show cause notice dated 27.02.2025 issued by the Tamil Nadu Waqf Board. The petitioner has since given his explanation. Parallely this challenge has been mounted. The prime ground of attack is that a concluded issue is now being sought to be revived. My attention is drawn to the proceedings dated 06.02.2023 issued by the Chief Executive Officer, Tamil Nadu Waqf Board. The fourth respondent had submitted multiple complaints and his representations stood disposed of by the said proceedings. The stand of the writ petitioner is that the subject matter of the said proceedings is the subject matter of the impugned show cause notice. 3.I wanted to know from the learned Standing Counsel if a complaint that had already been closed is sought to be resurrected. 4.

The learned Standing Counsel points out that even in the proceedings dated 06.02.2023, the Superintendent of Waqf Board, Trichy Zone has been instructed to submit a report on the allegations of misappropriation and mismanagement of waqf funds for taking further action. Therefore, the proceedings dated 06.02.

as having put a full stop. In any event, the impugned communication in this writ petition is only a show cause notice. It is well settled that unless a show cause notice is found to be bereft of jurisdiction or vitiated by predetermination or mala fides, the writ Court ought not to interfere. 5.Applying the aforesaid settled principle, I dismiss the writ petition. I make it clear that all the defences of the writ petitioner are left open. The merits of the matter have not been gone into. No costs. Consequently, connected miscellaneous petitions are closed. 15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Chairman, No.1, Jaffar Syrang Street, 2.The Chief Executive Officer, No.1, Jaffar Syrang Street, 4/6

3.The Superintendent of Waqf, Palakarai, Trichy - 620 008.

5/6

G.R.SWAMINATHAN, J.

MGA 15.10.2025 6/6