The Tamilnadu Waqf Board v. Meer Fakrudeen Munshi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.15102 of 2023 and C.M.P.(MD)No.2983 of 2024 1.The Tamil Nadu Waqf Board, Rep., by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

2.The Superintendent of Waqf, Tamil Nadu Waqf Board, Madurai Division, Town Hall Road, Madurai.

3.Abdul Rahman ... Appellants Vs.

1.Meer Fakrudeen Munshi 2.A.M.I.Munshi 3.Janab.M.Musthafa Ali (R3 is impleaded vide order dated 06.08.2025 in C.M.P.(MD)No.15572 of 2023 in W.A.(MD)No.1952 of 2023 by GRSJ & KRSJ) 1/6

4.G.Syed Kutharathulla 5.Syed Abdul Rahman Ibrahim 6.A.Syed Kuthubai Alam Hussaini 7.S.Amir Ibrahim 8.I.S.Ahamed Mustafa (R4 to R8 are impleaded vide order dated 06.08.2025 in C.M.P.(MD)No.16196 of 2023 in W.A.(MD)No.1952 of 2023 by GRSJ & KRSJ) 9.J.S.A.N.Shazuli Ibrahim ... Respondents (R9 is impleaded vide order dated 06.08.2025 in C.M.P.(MD)No.17328 of 2023 in W.A.(MD)No.1952 of 2023 by GRSJ & KRSJ) Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.23453 of 2023 dated 25.09.2023 on the file of this Court. For Appellants : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.M.Mohaboob Athiff for R1 & R2 M/s.A.Ajimath Begum for R3 Mr.R.Anand for R4 to R8 Mr.K.N.Guru for R9

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

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2.The Chief Executive Officer of Tamil Nadu Waqf Board issued notice dated 19.09.2023 inviting objections to the draft scheme framed by the Board in respect of the petition mentioned waqf. Challenging the same, W.P.(MD)No.23453 of 2023 was filed. The writ petition was entertained and interim order was granted on 25.09.2023 in W.M.P.(MD)No.19665 of 2023 in W.P.(MD)No.23453 of 2023. Aggrieved by the same, the Board has filed this writ appeal. 3.When the writ appeal was taken up for final disposal, the learned counsel for the writ petitioners submitted that the writ petitioners may be permitted to withdraw the writ petition with liberty to place their objections before the Tamil Nadu Waqf Board.

4.Recording the said submission, we set aside the order of the learned Single Judge. The writ petition is allowed to be withdrawn. The writ petitioners undertake to place their objections with regard to the draft scheme before the Tamil Nadu Waqf Board before the end of this week. The Tamil Nadu Waqf Board is directed to take into account the 3/6

objections of the writ petitioners and pass final order on merits and in accordance with law. The Tamil Nadu Waqf Board shall pass final order before the expiry of their tenure. We make it clear that we have not into the merits of the matter.

5.This writ appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (K.R.S. J.,) 06.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 07.08.2025 To:

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

2.The Superintendent of Waqf, Tamil Nadu Waqf Board, Madurai Division, Town Hall Road, Madurai.

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 06.08.2025 (2/2) 6/6