Mohamed Farook v. The Tamil Nadu Wakf Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Mohamed Farook, Elected Member, Mohaideen Andavar Jummah Masjid.
... Petitioner Vs 1.The Tamil Nadu Wakf Board rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.
2.The Superintendent of Wakf O/o. the Superintendent of Wakf, Pallakarai, Trichy District.
3.Jamal Mohamed President of Mohaideen Andavar Jummah Masjid, Thuvarankuruchi, Marungapuri.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for 1/4
issuance of Writ of Mandamus to direct the respondents 1 and 2 to conduct Democratic Election at Mohaideen Andavar Jummah Masjid in free and fair manner for appointment of new Administrative Members by considering the petitioner's representation dated 13.06.2025. For petitioner : Mr.S.M.A.Jinnah For respondents :Mr.Jeyamohan Standing Counsel for R1 & R2 *****
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 and 2 and after dispensing with the notice to the third respondent as no adverse orders are proposed to be passed against the third respondent.
2. This Writ Petition is filed for a Mandamus to direct the respondents 1 and 2 to conduct Democratic Election at Mohaideen Andavar Jummah Masjid in free and fair manner for appointment of new Administrative Members by considering the petitioner's representation dated 13.06.2025.
3. This Court has also taken a view that the Wakf Board has no jurisdiction to conduct election except the Wakf Board took over the management under 2/4
Section 65 of the Wakf Act, 1995. Therefore, the prayer sought for by the petitioner cannot be considered.
4. In case election has not been held in accordance with the Scheme Decree or as per the proforma of the Wakf applicable to the subject Wakf, it is open for the Wakf Board to exercise its power under Section 65 of the Wakf Act, 1995 and thereafter, conduct election in the light of the safeguards prescribed under the provisions of the Wakf Act, 1995.
5. This Writ Petition stands disposed of, with the above observations. No costs.
Index : Yes / No 23.06.2025 Internet : Yes / No apd To 1.The Tamil Nadu Wakf Board rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.
2.The Superintendent of Wakf O/o. the Superintendent of Wakf, Pallakarai, Trichy District.
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C.SARAVANAN, J.
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