Madras High CourtWP(MD)/22032/2025disposed of

A.A. Jaffer Ali v. The Chief Executive Officer

2025-08-08Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2025

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.22032 of 2025 A.A.Jaffer Ali

...Petitioner

Vs.

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

2.The District Collector, O/o the District Collector, Thanjavur District.

3.The Superintendent of Wakf, O/o the Superintendent of Wakf.

Thanjavur District.

4.Jaffer Ali, The Jamath President, Periya Pallivasal Jamath, Pandaravadai, Thanjavur.

5.The Tahsildar, Papanasam Taluk, Thanjavur District.

6.The Block Development Officer, Papanasam Taluk, Thanjavur District.

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7.The President, Papanasam Taluk, Thanjavur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent Nos.1 and 2 to permit the petitioner and his family members to execute burial of the petitioner's deceased Wife namely Faritha Begam age 58 years following their faith from Quran and Hadees and offering prayers in common burial ground compressed in Survey No.349/N1 and N2, Pandaravadai Gram Panchayath, Pabanasam Taluk, Thanjavur District, which is classified as Natham Poramboku and consequently direct to provide adequate protection to the petitioner and his family members. For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.D.S.Haroon Rasheed for R1 and R3 Mr.C.Satheesh Government Advocate for R2, R5 to R7 Mr.B.Jameel Arasu T/N for R4 * * * * *

ORDER

This Writ Petition has been filed to issue a Writ of Mandamus directing the respondent Nos.1 and 2 to permit the petitioner and his family members to execute burial of the petitioner's deceased Wife namely Faritha Begam age 58 years following their faith from Quran and Hadees and offering prayers in 2/4

common burial ground compressed in Survey No.349/N1 and N2, Pandaravadai Gram Panchayath, Pabanasam Taluk, Thanjavur District, which is classified as Natham Poramboku and consequently direct to provide adequate protection to the petitioner and his family members.

2.The learned Counsel appearing for the fourth respondent has submitted that although the petitioner family is worshipping and following a different practice in a different Jamath, the request of the petitioner to bury the petitioner's wife, namely, Faritha Begam will be considered and allowed subject to the fourth respondent, namely, the President of the Periya Pallivasal Jamath, receiving a formal application from the petitioner. The petitioner is therefore permitted to file the same immediately, which will be processed immediately. The fourth respondent is permitted to bury without prejudice to the rights of the rival parties in the pending Writ Petition.

3.Accordingly, this Writ Petition stands disposed of. No costs. 08.08.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

C.SARAVANAN , J.

RJR To 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakkathi Nagar, Chennai.