Madras High CourtWP(MD)/22330/2025disposed of

Alimsha Sahib Dargah Waqf v. The Chief Executive Officer,

2025-08-14Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Alimsha Sahib Dargah Waqf, rep. by its President C.A.Amanullah.

... Petitioner Vs The Chief Executive Officer, Tamil Nadu Waqf Board, No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai- 6000 001.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to consider the representation dated 04.07.2025 and take action under Section 54(3) of the Waqf Act, 1995 and thereby take possession of the property in S.Nos.735/1, 1068, 1091 measuring an extent of 104.77 acres, situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District belongs to Alimsa Sahib Dargah Waqf, within the time frame fixed by this Court.

For petitioner : Ms. A.Ajimath Begum 1/5

For respondent : Mr.K.K.Senthil Standing Counsel *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

2. The petitioner/Alimsha Sahib Dargah Waqf has approached this Court for a Mandamus to direct the respondent to consider the representation dated 04.07.2025 and take action under Section 54(3) of the Waqf Act, 1995 and thereby, take possession of the property in S.Nos.735/1, 1068, 1091, measuring an extent of 104.77 acres, situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District belonging to Alimsa Sahib Dargah Waqf.

3. The case of the petitioner is that the petitioner/Waqf had given a representation way back in 2009, pursuant to which the respondent had directed the encroacher to vacate the encroached property of the petitioner/Waqf. 2/5

4. It is submitted that aggrieved by the said order of the respondent, the encroacher, namely, one Perumal Gounder had approached the Tamil Nadu Waqf Tribunal at Chennai under Section 73 of the Waqf Act, 1995 in O.A.No.99 of 2018 (old W.O.P.No.3 of 2010 before the Principal Sub Court, Dindigul), which has now been dismissed by a fair and decreetal order, dated 08.04.2022.

5. It is submitted that despite the same, no steps have been taken in furtherance of the aforesaid dismissal. Hence, it is prayed for the respondent to be directed to take steps in furtherance of the petitioner's representation dated 04.07.2025.

6. The learned Standing Counsel for the respondent submits that the petitioner's representation will be considered.

7. Prima facie, it appears that the respondent has no option but to act in furtherance of Section 54(3) of the Waqf Act, 1995. The issue has attained finality as far as the encroacher, namely, Perumal Gounder is concerned vide a fair and decreetal order dated 08.04.2022 in O.S.No.99 of 2018 by the order of the Wakf 3/5

Tribunal (Formerly W.O.P.No.03/2010 before the Waqf Tribunal/Principal Sub Court, Dindigul). Hence, the respondent is directed to within a period of three (3) months from the date of receipt of a copy of this order under Section 54(3) of the Waqf Act, 1995.

8. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 14.08.2025 Internet : Yes / No apd To The Chief Executive Officer, Tamil Nadu Waqf Board, No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai- 6000 001.

4/5

C.SARAVANAN, J.

apd 14.08.2025 5/5