Sr.Iddiriss Kalander v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18535 of 2025 SR.Iddiriss Kalander ... Petitioner Vs.

1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

3.The Superintendent of Wakf, Office of the Trichy Central Wakf Superintendent, No. 8/124, 2nd Floor, Quaide Millath Road, Palakkarai, 4.Janab. A.Allabaksh @ Mohammed Ghouse, S/o. Ahmed Basha, Executive Trustee / Trustee, Office of Natharsha Pallivasal Dargah, Natharsha Pallivasal, Madurai Road, Trichy 8.

1/5

5.Syed Salavudeen, S/o.Not Known, No.24, Natharsha Pallivasal, Madurai Road,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No. 1 to 3 to conduct enquiry against the 4th respondent relating to the mismanagement of the Administration of Natharsha Dargah and consequently to remove the 4th respondent from the post of Executive Trustee / Trustee of Natharsha Dargah, Natharsha Pallivasal Street, Madurai Road, Trichy 8, by considering the petitioner's representation, dated 23.06.2025. For Petitioner : Mr.S.Krishnan For R1 to R3 : Mr.D.S.Haroon Rasheed Standing Counsel For R4 and R5 : Mr.M.Mohaboob Athiff

ORDER

The petitioner has approached this Court for Writ of Mandamus to direct the respondent Nos.1 to 3 to conduct an enquiry against the fourth respondent, who has been arrayed in his capacity of Executive Trustee / Trustee of Natharsha Pallivasal Dargah, Natharsha Pallivasal, Madurai Road, Trichy, by considering the petitioner's representation, dated 23.06.2025. 2/5

2. The learned counsel for the respondent Nos.4 and 5 would submit that already there was a rival suit filed by two persons namely R.K.Gowhar Jan and Syed Mustak Ali Kalandhar @ R.K.Mustak Ali against the petitioner in O.S.No.118 of 2016 before the I Additional District Court, Trichy and a preliminary decree was also passed, against which, an appeal is said to be pending in A.S(MD)No.152 of 2025 before this Court.

3. Further it is submitted by the learned counsel for the respondent Nos.4 and 5 that the term of the fourth respondent / Executive Trustee of the said Pallivasal has come to an end and he is no longer the Executive Trustee of the said Pallivasal. That apart, it is submitted that even if action has to be taken, it has to be in accordance with Section 70 of Waqf Act.

4. Having considered the submission made by the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 to 3 and recording the submission made by the learned counsel for the respondent Nos.4 and 5 that the fourth respondent is no longer the Executive Trustee of the aforesaid Pallivasal, it is to be construed that the Writ Petition has become infructuous. It is open for the petitioner to workout the remedy in the manner known to law. 3/5

5. With the above said liberty, this Writ Petition is dismissed. No costs. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

3.The Superintendent of Wakf, Office of the Trichy Central Wakf Superintendent, No. 8/124, 2nd Floor, Quaide Millath Road, Palakkarai, 4/5

C.SARAVANAN, J.

Indu W.P(MD).No.18535 of 2025 09.07.2025 5/5