Pakkar v. Ulpath Nisha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.15826 of 2025 Pakkar, S/o.Jamaludeen, Secretary, Al Mazithun Noor Jumma Pallivasal Jamath, Thinaikulam, Ramanathapuram Taluk, Ramanathapuram District.

... Appellant/5th Respondent Vs.

1.Ulpath Nisha ... 1st Respondent/Writ Petitioner 2.The Tamilnadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 60 01.

3.The Superintendent of Wakf, Ramanathapuram Region, No.176/11, First Floor, Therppasayanam Road, Chinnakadai Street, Velipattinam, Ramanathapuram District.

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4.The Tahsildhar, O/o.Tahsildar Office, Keelakarai Taluk, Ramanathapuram District.

5.Basheer Moulana, S/o.Ibrahimsha, Mutavalli, Al Mazithun Noor Jumma Pallivasal Jamath, Thinaikulam, Ramanathapuram Taluk, Ramanathapuram District.

... Respondents 2 to 5/ Respondents 1 to 4 PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.25272 of 2025 dated 19.09.2025 on the file of this Court.

For Appellant : Mr.RM.Arun Swaminathan For Respondents : Mr.Navaneetha Raja for Mr.K.Yasar Arafath (for R1) Mr.K.K.Senthil (R2 & R3) Mr.J.Ashok Additional Government Pleader (for R4)

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) This appeal is filed by the Secretary, Al Mazithun Noor Jumma Pallivasal Jamath, Thinaikulam, challenging the order passed by the Writ Court on 19.09.2025.

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2. The writ petition had been filed by R1, the mother of Tamima Arasi, seeking a Mandamus directing the Chief Executive Officer, Tamil Nadu Wakf Board and the Superintendent of Wakf, Ramanathapuram, to issue a No Objection Certificate (NOC) for the marriage of her daughter to Mohammed Yusuf on 28.09.2025.

3. We have captured the background to this matter in our order dated 23.09.2025, which is extracted below.

"Mr.K.Yasar Arafath, learned counsel accepts notice for R1 and Mr.J.Ashok, learned Additional Government Pleader accepts notice for R4.

2.The Writ Petition was filed by the mother of Tamima Arasi, seeking a Mandamus directing the Chief Executive Officer, Tamil Nadu Wakf Board and the Superintendent of Wakf, Ramanathapuram, to issue a No Objection Certificate (NOC) for the marriage of her daughter to Mohammed Yusuf on 28.09.2025.

3.According to the petitioner, Al Mazithun Noor Jumma Pallivasal Jamath, Thinaikulam (Jamath in question), is the jurisdictional Jamath for her family.

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4.However, Mr.Arun, who appears for the appellant/Jamath, states that the writ petitioner's husband ie., the father of Tamima Arasi, is not a member of the Jamath at all. He draws our attention to a letter dated 20.01.2024, ostensibly issued by the writ petitioner's husband stating that he wishes to join an alternate Jamath, since he resides outside the jurisdiction of the Jamath in question.

5.The Writ Court has directed the Jamath to issue No Objection Certificate by 23.09.2025.

6.The document now produced before us, ie., letter dated 20.01.2024, has not been produced before the learned Single Judge.

7.The writ petitioner has also made a complaint before the Tahsildar about the ex-communication of her husband from the Jamath in question and Mr.Ashok, who appears for R4, will report the status of the same.

8.The original register of membership of the Jamath shall be produced tomorrow (24.09.2025) by Mr.Arun. 9.The husband of the writ petitioner will appear online tomorrow (24.09.2025) at 02.15 pm and this shall be conveyed by the writ petitioner to him for compliance. 10.The President or an authorized representative of the Jamath will also be present in Court tomorrow 4/9

(24.09.2025) at 02.15 pm, in the event, the writ petitioner's husband wishes to withdraw letter dated 20.01.2024.

11.Notice through Court as well as privately to R2 & R3, returnable 24.09.2025, including upon panel counsel, if any. Proof of service be placed on file."

4. Pursuant to the above said order, a person purporting to be Mr.Syed Ibrahim, appeared before us today in order to confirm whether the letter dated 20.01.2024 had been executed by him. Since he had not been able log into the Court proceedings via VC link that had been sent to him, on account of difficulties in connectivity, he had appeared over a whatsapp video call.

5. We were constrained to resort to this unorthodox procedure, only to ensure the marriage of Tamima Arasi fixed on 28.09.2025 is not frustrated on account of technicalities.

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6. Mr.Syed Ibrahim confirms that he had not executed the letter dated 20.01.2024 and he also says that he is keen on his daughter's marriage going through as scheduled. He states that he is not in a position to attend the marriage himself, on account of uncertainties in regard to his employment, if he leaves Malaysia.

7. Mr.RM.Arun Swaminathan, learned counsel for the appellant has produced the Register of Members of the Jamath, which reveals that Mr.Syed Ibrahim has not paid Registration Fees for the last two years.

8. There is a direction to R1 to (i) obtain a letter from Mr.Syed Ibrahim confirming that he has not executed letter dated 20.01.2024 and (ii) pay the Jamath Registration Fees up to date. The letter shall be sent to the appellant through e-mail forthwith, followed by a physical copy to be sent by Post.

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9. In the circumstances as above, we see no reason to intervene in the order of the learned Single Judge. The appellant is directed to issue NOC forthwith, to ensure that the marriage of Tamima Arasi with Mohammed Yusuf goes on as scheduled on 28.09.2025.

10. Since certain clarifications have been raised in regard to the family and other details of the Bride and her family, they shall attend the office of the Secretary of the Jamath tomorrow i.e., 25.09.2025, to furnish required clarifications.

11 This Writ Petition stands disposed in light of this order. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 24.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 7/9

To The Tahsildhar, O/o.Tahsildar Office, Keelakarai Taluk, Ramanathapuram District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

mbi 24.09.2025 9/9