M.Sagupar Sathik v. The Tamil Nadu Waqf Board

1 W.P.(MD)NO.32166 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32166 of 2025 AND W.M.P.(MD)No.25296 of 2025 M.Sagupar Sathik, S/o.Raja @ Mohideen Abdul Kadar, Hereditary Muthawalli, Miskin Levvai Dargah Waqf, No.29A/176, Ezhil Nagar, 1st Street, K.K.Kulam, Chinnamanur - 625 515, Theni District.

... Petitioner Vs.

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The President, Karunkattankulam Muslim Jamath, Mohamed Diwan Mohideen, Karunkattankulam, Chinnamanur, Theni District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the objection filed by the petitioner dated 11.10.2025 and thereby take action as against the second respondent 1/5

2 W.P.(MD)NO.32166 OF 2025 from conducting any general body for the Miskin Levvai Dargah Waqf, Karunkattankulam, Chinnamanur, Theni District for which the rule of succession is hereditary.

For Petitioner : Ms.A.Ajimath Begum For R-1 : Mr.K.Jeyamohan * * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for the Tamil Nadu Waqf Board.

2. Issuance of notice to the second respondent is dispensed with.

3. The case of the writ petitioner is that as per the proforma, the office of the petition mentioned waqf is hereditary in nature. The petitioner wants this Court to restrain the second respondent from convening the general body for electing office bearers of the executive committee. Since the second respondent is 2/5

3 W.P.(MD)NO.32166 OF 2025 not a State or State instrumentality, I am not in a position to grant any interim injunction.

4. If the second respondent on his own is convening the general body for electing the executive committee, the proposal has to be placed before the first respondent for approval of the same.

5. The petitioner has already given his objections on 11.10.2025 pointing out that the action of the second respondent is against the terms of the proforma.

6. I direct the first respondent to take into account the objections of the writ petitioner as and when any application is received from the second respondent for recognising the executive committee elected in the general body convened by the second respondent. Since this writ petition is being disposed of without putting the second respondent on notice, I make it clear that the merits of the matter have not been gone into. The first respondent is also obliged to communicate the copy of the order passed by them on the application that may be received from the second respondent. 3/5

4 W.P.(MD)NO.32166 OF 2025 This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 12.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/5

5 W.P.(MD)NO.32166 OF 2025 G.R.SWAMINATHAN,J.

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