Aksar Batcha J v. Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.12045 of 2025 J.Aksar Batcha ... Petitioner Vs.

1.Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Waqfs, Tamil Nadu Waqf Board, No.176/11, First Floor, Therpa Sayanam Road, Chinnakadai Theru, Velipattinam, Ramanathapuram - 623 504.

3.The Inspector of Waqfs, Sivagangai, Ramanathapuram.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to conduct the election for Administrative Committee members of Masjidun Noor Jumma Pallivasal, Thiruppathur, Sivagangai District for the period from 2025 to 2028.

For Petitioner : Mr.RV.Rajkumar For R1 : Mr.K.Jeyamohan Standing Counsel

ORDER

This writ petition has been filed for a Mandamus, directing the respondents to conduct the election for Administrative Committee members of Masjidun Noor Jumma Pallivasal, Thiruppathur, Sivagangai District for the period from 2025 to 2028.

2. Mr.K.Jeyamohan, learned Standing Counsel takes notice for the first respondent.

3. There is no scope for a direction to be issued to the Wakf Board to conduct elections unless the concerned wakf has been taken over under Section 65 of the Wakf Act, 1995. As such, the writ petition is therefore liable 2/5

to be dismissed. However, it is open to the petitioner to approach the Wakf Board for appropriate directions under Section 65 of the Wakf Act, 1995.

4. Accordingly, the writ petition stands dismissed with the above liberty. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Waqfs, Tamil Nadu Waqf Board, No.176/11, First Floor, Therpa Sayanam Road, Chinnakadai Theru, Velipattinam, Ramanathapuram - 623 504.

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3.The Inspector of Waqfs, Sivagangai, Ramanathapuram.

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C.SARAVANAN, J.

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