Farsullasha Pakkeer Thaikka v. The Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) Nos.12405 & 12406 of 2025 Farsullasha Pakkeer Thaikka Represented through its Mutawalli Janab G.Akbar Khan, Sankarankovil Road, Kandiapperi Post, Tirunelveli District.

... Petitioner Vs.

1.The Tamil Nadu Wakf Board, Rep. through its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Superintendent of Waqf, No.51/80, KOP Complex, Kulavanigarouram Road, Palayamkottai, Tirunelveli - 627001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in Se.Mu.No.7001/12/AA1/Thiveli dated 15.06.2024 and quashing the same Page No. 1 of 4

insofar as the Condition No.1 alone, restricting the period of Mutawalliship and consequently recognizing the right of Hereditary Mutawalli until the lifetime or removal as contemplated under law. For Petitioner : Mr.H.Arumugam For Respondents : Mr.S.A.Ajmal Khan Standing Counsel *****

O R D E R

This Writ Petition is being disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

2. The petitioner is aggrieved by the impugned order passed by the first respondent, in so far as it restricts the period of Hereditary Muthawalli up to 12.02.2027.

3. It is noticed that the issue has attained finality by a series of decisions of this Court, in terms of the orders of this Court rendered in Apsar Peeran Shuttari Saheballa v. The Tamil Nadu Wakf Board, dated 23.08.2023 in W.P. No. 19032 of 2023, and Kareem Sha Thaikka, represented through its Joint Muthawalli and others v. The Tamil Nadu Page No. 2 of 4

Wakf Board and another, dated 25.07.2024 in W.P.(MD) No. 17030 of 2024 which followed the above order in Apsar Peeran Shuttari Saheballa case. Therefore, the impugned order, in so far as it restricts the period up to 12.02.2027, shall stand quashed. This order, however, shall not prejudice the rights of the Wakf Board to exercise its powers under the Wakf Act.

4. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 18.06.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Superintendent of Waqf, No.51/80, KOP Complex, Kulavanigarouram Road, Palayamkottai, Tirunelveli - 627001.

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C.SARAVANAN , J.

JEN 18.06.2025 Page No. 4 of 4