P.M.K.Rasool Khan v. The Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.M.K.Rasool Khan ... Petitioner Vs

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

2. The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

3. The Managing Trustee, Ilayangudi Nesavu Pattadai Thozhuhai Medai Pallivasal, No.11, Pakkir Rowther Street, Ilayangudi Town and Taluk, Sivagangai District 630 702.

4. Ghaznavi 1/5

5. Khaleefa K.H.Mohammed Hussain

6. M.M.Mohammed Mustafa

7. T.S. Jainudeen

8. P.L.S.Liyakatha Ali @ Khan

9. Syed Abuthagir

10. Nada Anwar Sadath ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent herein to take action under Section 64 of the Wakf Act, 1995 as against the tenth respondent herein for the mismanagement and misappropriation of the third respondent Wakf funds and to take over the third respondent Wakf and its properties under its direct management under Section 65 of the Wakf Act, 1995 by considering the petitioner's representation, dated 17.08.2024. For petitioner : Mr. L.Rageshbhagavath For respondents : Mr.K.Jayamohan Standing Counsel for R1 & R2 *****

ORDER

This writ petition is disposed of at the time of admission after hearing 2/5

the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 and 2 and after dispensing with the notice on private respondents/respondents 3 to 10, as no adverse orders are proposed to be passed against them.

2. The petitioner has filed this Writ Petition for a Mandamus to direct the first respondent Wakf Board to remove the persons, who are holding the control of the Wakf/Ilayangudi Nesavu Pattadai Thozhuhai Medai Pallivasal.

3. It is the specific case of the petitioner that the period of the previously elected Managing Trustee expired on 27.10.2021 and the third respondent resigned on 15.04.2025 and has handed over the control of the Wakf to the 4th respondent, who is no way connected with the Wakf.

4. It is submitted that the petitioner has filed a representation with the second respondent on 17.08.2024 with the request to the second respondent/Wakf Board to exercise its power under Sections 64 under 68 of the Wakf Act, 1995. 3/5

5. That apart, a scheme has already been filed, which is now in active consideration before the Wakf Board and it is likely to be approved and the representation/request of the petitioner is to be considered as the tenure of the previous Managing Trustee, prima facie, came to end on 27.01.2021.

6. Therefore, there shall be a positive direction to the first respondent to consider the aforesaid representation, dated 17.08.2024 and pass appropriate orders, after due notice to the private respondents as expeditiously as possible preferably within a period of 2 months from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above observations. No costs. Index : Yes / No 10.06.2025 Internet : Yes / No apd 4/5

C.SARAVANAN, J.

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