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Madras High CourtWP(MD)/21268/2025disposed of

Ahamath Buhari v. The Chief Administrative Officer / District Revenue Officer

2025-08-04Honourable Mr Justice C. Saravanan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.21268 of 2025 and W.M.P(MD) No.16438 of 2025 Ahamath Buhari ... Petitioner Vs.

1.The Chief Administrative Officer / District Revenue Officer, No.1, Jabar Zirang Street, Vallal Sithakathi Nagar, Custom House - Backside, Tamil Nadu Waqf Board, Chennai.

2.The Superintendent of Waqfs, Tamil Nadu Waqf Board, Madurai.

3.The Inspector of Waqf, Tamil Nadu Waqf Board, Dindigul.

4.The Executive Officer, Jumma Pallivasal and Junction Pallivasal, Nagal Nagar, Dindigul - 624 003.

...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 Certiorarified Mandamus, calling for the records of the respondents in connection with the order in RC No. 14109/04/B8/DGL dated 17.04.2025 by the 1st respondent and quash the same in so far as the petitioner is concerned and consecutively direct the respondents to permit the petitioner to manage the affairs of the Nagal Nagar Jumma Pallivasal and Junction Pallivasal Waqf, Dindigul District, as per the provisions of the Waqf Act, 1995 and the same in so far as the petitioner is concerned. For Petitioner : Mr.M.Venkatesan For R1 : Mr.C.Satheesh Government Advocate For R2 and R4 : Mr.K.K.Senthil Standing Counsel

ORDER

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

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2. The Writ Petition has been filed challenging the order in RC No. 14109/04/B8/DGL dated 17.04.2025 by the 1st respondent and to direct the respondents to permit the petitioner to manage the affairs of the Nagal Nagar Jumma Pallivasal and Junction Pallivasal Waqf, Dindigul District, as per the provisions of the Waqf Act, 1995.

3. The petitioner is aggrieved by the impugned communication dated 11.07.2025, whereby the administration of the Waqf, namely Nagal Nagar Jumma Pallivasal and Junction Pallivasal Waqf, Dindigul District, has been taken over under the direct management of the Tamil Nadu Waqf Board in terms of Section 65 of the Waqf Act, pursuant to the order dated 17.04.2025.

4. It is noticed that the petitioner was selected as the Muthavalli of the aforesaid Waqf for a period of three years on 13.12.2020, and his tenure came to an end on 12.12.2023. Thereafter, no election has been conducted, and the petitioner has continued to act as Muthavalli. It is pertinent to note that he is not a hereditary Muthavalli. The proforma also contemplates the selection of the Muthavalli and other office bearers by the Jamath members. 3/8

5. A specific case of the petitioner is that he was issued a notice by the second respondent on 08.04.2025, calling upon him to appear for an enquiry on 17.04.2025. On the said date, the respondent is stated to have passed a resolution, pursuant to which, the impugned communication, dated 11.07.2025 has been issued, taking over the administration of the subject Waqf under the direct management of the Tamil Nadu Waqf Board.

6. It is the responsibility of the petitioner, as well as the Waqf Board, to ensure the conduct of elections. Once the Waqf is placed under direct management, the petitioner cannot continue to cling on to the position without a valid election. As per the proforma and the prevailing custom, elections are to be held for the appointment of 11 office bearers of the said Waqf. The copy of the resolution, dated 17.04.2025 indicates that the petitioner was heard on the very same date before the resolution was passed. The relevant portion of the resolution passed dated 17.04.2025 reads as under: 4/8

7. It appears that certain constructions have been put up without obtaining necessary permission of the Waqf Board, even during the period when the Waqf was under direct management. Taking into consideration the fact that such constructions have been made without prior approval of the Waqf Board, and also beyond the tenure of the petitioner, which expired on 12.12.2023, this 5/8

Court finds no reason to interfere with the impugned order.

8. That apart, an appeal remedy is available before the Appellate Authority in terms of Section 65(2) of the Waqf Act, 1995. Hence, this petition is liable to be dismissed.

9. Since the direct management has already been taken over pursuant to the resolution dated 17.04.2025 and the impugned order dated 11.07.2025, the Waqf Board is directed to ensure that elections are conducted under its supervision, strictly in accordance with the provisions of the proforma and the established customs.

10. It is made clear that the supervision of the election shall be carried out by the respondents in strict conformity with the proforma. For the said purpose, the Waqf Board shall constitute an ad hoc committee from among the Jamath members, who shall be responsible for conducting the election. This entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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11. With the above directions, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Chief Administrative Officer / District Revenue Officer, No.1, Jabar Zirang Street, Vallal Sithakathi Nagar, Custom House - Backside, Tamil Nadu Waqf Board, Chennai - 0.

2.The Superintendent of Waqfs, Tamil Nadu Waqf Board, Madurai.

3.The Inspector of Waqf, Tamil Nadu Waqf Board, Dindigul.

4.The Executive Officer, Jumma Pallivasal and Junction Pallivasal, Nagal Nagar, Dindigul - 624 003.

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C.SARAVANAN, J.

Indu W.P(MD).No.21268 of 2025 04.08.2025 8/8