A.Mansur Husain v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.12896 of 2025 A.Mansur Hussian ... Petitioner Vs.

1.The Chief Executive Officer, Tamil Nadu Wakf Board, Door No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai District, Madurai - 625 001.

3.The Inspector of Wakf, Tamil Nadu Wakf Board, Madurai - 625 001.

4.The Inspector of Police, Ayakudi Police Station, Ayakudi, Dindigul District.

5.K.Sheik Davood, Muthavalli, Jamia Pallivasal, 1/5

Puthuayakudi, Palani, Dindigul District - 624 613.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to direct the fifth respondent to conduct election for the Selection of Administrative Committee for the Jamia Pallivasal situated at Puthuayakudi, Palani, Dindigul District by considering the petitioner's representation dated 03.06.2025, within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 to R3 : Mr.S.A.Ajmal Khan Standing Counsel For R4 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed for a Mandamus to direct the first respondent to direct the fifth respondent to conduct election for the Selection of Administrative Committee for the Jamia Pallivasal situated at Puthuayakudi, Palani, Dindigul District by considering the petitioner's representation dated 03.06.2025.

2/5

2. The writ petition is disposed of at the time of admission after dispensing with notice on the fifth respondent as no adverse orders are to be passed against the fifth respondent.

3. Already, this Court has held that the business of conducting elections directly by the Wakf Board is impremissible. If the situation prevails, it is for the Wakf to assume power under Section 65 of the Wakf Act, 1995 and thereafter, take steps for holding elections in accordance with by-laws or proforma of the subject Wakf.

4. The petitioner shall submit a representation to the Wakf Board as to why power should not be assumed under Section 65 of the Wakf Act. In case, such a representation is submitted by the petitioner, it shall be considered by the respondents and pass appropriate orders after issuing due notice to the persons, who are likely to be affected by such order to be passed. The said exercise shall be compelted within a period of 8 weeks from the date of receipt of a copy of this order.

3/5

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Door No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.The Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai District, Madurai - 625 001.

3.The Inspector of Wakf, Tamil Nadu Wakf Board, Madurai - 625 001.

4.The Inspector of Police, Ayakudi Police Station, Ayakudi, Dindigul District.

4/5

C.SARAVANAN, J.

sn 24.06.2025 5/5