WP(MD) No.1083 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON 12.11.2024 PRONOUNCED ON 28.01.2025 CORAM: THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.1083 of 2024 K.N.D Syed Meeran, The Mutawalli, Mallukamaliyar Sunnathul Jamath Waqf, Pattamadai, Tirunelveli District 627 453. … Petitioner vs. 1.The Tamil Nadu Waqf Board, Rep., by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethatki Nagar, Chennai – 600 001. 2.The Inspector of Waqf., The Tamil Nadu Waqf Board, Khadar Owlia Pallivasal Waqf Complex, Kullavangapuram, Tirunelveli -02 ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st respondent to ensure that the petitioner Waqf is not required by the respondents or their subordinates 1/6 https://www.mhc.tn.gov.in/judis WP(MD) No.1083 of 2024 to permit Tawhid practices in the administration of the petitioner waqf including its burial ground by considering the petitioner's representation dated 07.12.2023, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahoob Athiff For Respondents : Mr.D.S.Haroon Rasheed ORDER This Writ Petition had been filed to direct the first respondent to consider the petitioner's representation dated 07.12.2023. 2. Heard Mr.M.Mahoob Athiff, learned counsel appearing for the petitioner and Mr.D.S.Haroon Rasheed, learned counsel appearing for the respondents. 3.The case of the petitioner is that the petitioner is a notified Waqf and has been in existence for more than 200 years as reflected in the proforma governing the Waqf. The petitioner Waqf had been permitting the persons belonging to other Waqfs to be buried in its burial ground. But the same was subject to the condition that the religious rituals and practices of 2/6 https://www.mhc.tn.gov.in/judis WP(MD) No.1083 of 2024 the burial ground in line with the customs governing the Waqf is followed. Waqf Board had given directions to the petitioner Waqf to permit the members for non-subscribing to the Waqf to bury the corpse that too without following the rituals of the Waqf. Hence, by a representation dated 07.12.2023, the petitioner had approached the Waqf Board not to insist the same and the same is pending consideration. He would further submit that the Waqf does not have any aversion for burial of the members who died and not subscribed to the Waqf. But it is the claim of the petitioner that the petitioner can insist upon a particular ritual that is to be followed during the said burial. 4. Countering his arguments, the learned counsel for the respondent would submit that the Mandamus prayed for by the petitioner goes against the judgment of this Court made by the learned Single Judge of this Court in a batch of Writ Petitions in W.P.(MD).No.17424 of 2022 etc., dated 29.09.2023. He would further submit that the burial ground maintained by the respondent is a public burial ground and therefore, he cannot insist upon the burial in a particular manner and cannot obstruct the offering of prayers and burying of the dead by following the customs and rituals of the Jamaath 3/6 https://www.mhc.tn.gov.in/judis WP(MD) No.1083 of 2024 which maintains the said burial ground. Hence, he seeks dismissal of the Writ Petition. 5.I have considered the submissions made by the learned counsels appearing on either side and perused the materials available on record. 6.It is to be noted that pending this Writ Petition, the Waqf Board had also issued a Circular, pursuant to the orders of this Court in a batch of Writ Petitions in W.P.(MD).No.17424 of 2022 etc. It is not the case of the petitioner that the burial ground maintained by it, is a private burial ground. It is also an admitted case of the petitioner that it has allowed the burial of the members belonging to another Jamaath. The Resolution made by the Waqf Board clearly indicates that the burial of the dead belonging to a Jamaath different than the Jamaath which maintains the burial ground shall perform their rituals of the dead in their Jamaath and only carry out the burial of the dead in a burial ground belonging to Sunnathul Jamaath and that the Jamaath which maintains the burial ground should not insist upon the rituals of the said Jamaath to be followed in the burial of the dead. 4/6 https://www.mhc.tn.gov.in/judis WP(MD) No.1083 of 2024 7.In fact this court had an occasion to deal with the similar issue and following the said Circular had infact permitted the burial without insistence of the rituals followed by the Jamaath in the burial ground and had also directed the Waqf Board to take action against the Jamaath therein for violating the Circular issued by the Waqf Board, since the Resolution/ Circular issued by the Waqf Board is binding on all Waqfs. 8.The learned Single Judge of this Court had also specifically held that the State have to come out with necessary legislation in respect of common burial ground and also direct the Waqf Board to make necessary arrangements in the interregnum. 9.In such an event, I do not find any merits in the Writ Petition and accordingly, the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 28.01.2025 Index: Yes/No Speaking Order/Non Speaking Order Neutral Citation:Yes/No Gba 5/6 https://www.mhc.tn.gov.in/judis WP(MD) No.1083 of 2024 K.KUMARESH BABU.,J. Gba To 1.The Tamil Nadu Waqf Board, Rep., by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethatki Nagar, Chennai – 600 001. 2.The Inspector of Waqf., The Tamil Nadu Waqf Board, Khadar Owlia Pallivasal Waqf Complex, Kullavangapuram, Tirunelveli -02 A Pre-delivery order made in W.P.(MD)No.1083 of 2024 28.01.2025 6/6 https://www.mhc.tn.gov.in/judis