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Madras High CourtWP(MD)/21572/2025disposed of

Hazreth Syed Musthafa Darood v. The Tamil Nadu Waqf Board

2025-08-07Honourable Mr Justice C. Saravanan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Hazreth Syed Musthafa Darood Masthan Dargah Mosque, Rep. by its Secretary, 12, Trunk Road, Thiruvanaikovil, Trichy.

... Petitioner -vs1.The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

3.The Superintendent of Waqf, O/o. the Superintendent of Waqf, No. 12, Kilothar Street, Trichy District.

4.Inspector of Waqf, O/o. Inspector of Waqf, Trichy District.

... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 23.11.2024 and the reminder dated 10.07.2025 for extension of period of the present Administrative Committee Members of the Hazreth Syed Musthafa Darood Masthan Dargah Mosque, within the period that may be stipulated by this Court.

For Petitioner : Ms.A.Afritha Fathima for M/s.Ajmal Associates For Respondents : Mr.S.A.Ajmalkhan Standing Counsel

ORDER

The deponent, claiming to be the Secretary of the petitioner Waqf, has approached this Court by way of a Writ of Mandamus, seeking a direction to the second respondent / Chief Executive Officer of the Tamil Nadu Waqf Board to consider the representation dated 23.11.2024 and the reminder dated 10.07.2025, requesting extension of the tenure of the Administrative Committee of the petitioner Waqf for an appropriate period.

2. It is noted that the last election was conducted on 29.07.2018, and the term of the Office Bearers of the Waqf expired on 28.07.2021. Thereafter, the deponent appears to have submitted a representation dated 17.06.2022 seeking extension of the Committee's tenure. Since the same has not been considered, a writ petition was filed in W.P.(MD)No.16690 of 2023, which was disposed of by order dated 12.07.2023, directing the second respondent / Chief Executive Officer (the first respondent therein) to consider the petitioner's representation and pass appropriate orders.

3. Pursuant to the said direction, an order came to be passed on 19.02.2024, wherein the term of the Administrative Committee was extended from 29.07.2021 till 22.01.2024. It has been specifically stated in the said order that the extended term of the Administrative Committee would come to an end on 22.01.2025.

4. The relevant portion of the proceedings issued by the second respondent / Chief Executive Officer reads as under:-

5. Thus, there is no scope for further extension of the tenure, as the extended period has already expired. Furthermore, the Proforma Report of the Waqf indicates that the rule of succession to the office of Mutawalli is hereditary, in accordance with the custom prevailing in the locality. Therefore, the Mutawalli must be appointed after ascertaining the rightful successor from among the members of the Jamath, in accordance with the customary rule of succession.

6. In the light of the above, there shall be a direction to the second respondent to consider the petitioner's representation dated 23.11.2024, followed by subsequent reminder, dated 10.07.2025. However, liberty is reserved to the respondents to take over the administration of the Waqf under Section 65 of the Waqf Act, if circumstances so warrant.

7. In any event, the Mutawalli shall be appointed strictly in accordance with the rule of succession as set out in the Proforma Report. The office bearers shall also be elected, and the second respondent shall supervise election is held in accordance with law, if the Jamath is unable to select the Mutawalli in accordance with the Proforma.

8. The Writ Petition stands disposed of accordingly. No costs. NCC : Yes / No 07.08.2025 Index : Yes / No smn2 To:- 1.The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

3.The Superintendent of Waqf, O/o. the Superintendent of Waqf, No. 12, Kilothar Street, Trichy District.

4.The Inspector of Waqf, O/o. Inspector of Waqf, Trichy District.

C.SARAVANAN , J.

smn2 W .P.(MD)No.21572 of 2025 07.08.2025