Madras High CourtWP(MD)/29697/2025disposed of

Syed Ali v. The Chief Executive Officer

2026-06-03Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Syed Ali ... Petitioner -vs1.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2.R.Subba Raju 3.Somasundaram 4.Kanagavalli 5.Minor. Pugalzhendi, Rep. by his mother and Natural Guardian, Kanagavalli, W/o.Late Vellaipandi, 6.Komathi Lakshmi 7.Muthulakshmi 8.Balakrishnan 9.Vallimayil

10.Valarmathi 11.Janagarathinam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose the application filed by the petitioner under Section 52 of the Waqf Act, 1995, dated 10.09.2025 and take necessary action to recover the Waqf property in S.No.136/1, measuring to an extent of 17cents and in S.No.146/3, measuring to an extent of 15 cents, situated at Chattrapatti Village, Sattur Taluk, Virudhunagar District, within the time frame fixed by this Court. For Petitioner : Ms.A.Ajimath Begum For R1 : Mr.S.A.Ajmalkhan Standing Counsel For R2 to R11 : No Appearance

ORDER

The writ petition has been filed seeking a direction to dispose of the petitioner's application dated 10.09.2025.

2. The learned counsel for the petitioner submitted that the application was made under Section 52 of the Waqf Act, 1995. According to the petitioner, the properties comprised in Survey No.136/1, Chattrapatti Village, Sattur Taluk,

Virudhunagar District, and other properties mentioned in the application are Waqf properties. It is further contended that the private respondents are in illegal occupation of the said properties and are unlawfully dealing with the same. Therefore, it is submitted that the first respondent is statutorily bound to conduct an enquiry into the matter and take appropriate action depending upon the outcome of such enquiry.

3. The learned Standing Counsel appearing for the first respondent submitted that the petitioner's application would be taken up for enquiry and that the entire exercise could be completed within a period of three months.

4. Though notice has been served on the private respondents 2 to 11, they have chosen not to enter appearance or contest the writ petition.

5. Having regard to the submissions made on either side, this writ petition is disposed of on the following terms:

(i) The petitioner's application dated 10.09.2025 shall be taken up for enquiry by the first respondent.

(ii) The first respondent shall issue notice to all interested persons, conduct a due enquiry in accordance with law, and pass appropriate orders on merits and in accordance with law.

(iii) The aforesaid exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. No costs.

03.06.2026 NCC : Yes / No smn2 To:- The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

D.BHARATHA CHAKRAVARTHY , J.

smn2 03.06.2026