W.P.(MD) No.16260 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.16260 of 2025 Islamia Uravinmurai Trust Board rep. by the Vice President M.Mohammed Sathik Ali. ... Petitioner Vs 1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 2. The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 3. The Wakf Superintendent, Tamilnadu Wakf Board, 159/3, Tharppasayanam Road, Vellipattinam, Ramanathapuram - 623 504. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16260 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in his proceedings Na.Ka. G.S. No.4/Va.Ka/Rama/2024, dated 12.07.2024 and to quash the same as illegal and further, direct the respondents to grant permission for constituting new administration committee selection process as per the existing bye law, which has been published in the Tamil Nadu official Gazette dated 18.01.2023 for by conducting a general body meeting on 03.08.2025 in the light of the order passed in WP (MD) No.13135 of 2024 dated 20.06.2024 by considering the petitioner’s representation dated 02.06.2025. For petitioner : Mr. B.Anandan For respondents :Mr.D.S.Haroon Rasheed Standing Counsel ***** ORDER This Writ Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner/Trust has filed this Writ Petition to quash the impugned communication, dated 12.07.2024 of the third respondent/Wakf Superintendent. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16260 of 2025 3. In the background, there are several orders of this Court, particularly, an order, dated 20.06.2024 in W.P.(MD) No.13135 of 2024, wherein one Abdul Haq had prayed for the following relief: “To direct the respondents 1 to 3 herein to hold election by secret Ballot by all eligible members of the Jamath as per By-Law under the supervision of the wakf Officials to elect the President and other Trustees to administer the 4th respondent by considering the petitioner’s representation, dated 24.08.2023” 4. It appears that the appeal application is pending in AA.No.3 of 2023 before the Wakf Tribunal to amend the by-laws. However, till date, the by-laws have not been amended. As per the existing by-laws, the appointment of Administrative Committee has to be approved by the Wakf Board, pursuant to the order passed by this Court W.P.(MD)No.13135 of 2024, dated 20.06.2024. 5. In this connection, the Chief Executive Officer of the Wakf has conducted an enquiry and has forwarded his finding to the Wakf Board on 20.12.2024. Relevant portion of the findings reads as under: “FINDINGS: 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16260 of 2025 Considering the submissions of the all parties and the report of the Superintendent of Waqfs, Ramanathapuram and the materials available on records, 1 find that the administrative committee members of the waqf, for the period of 2022 to 2024, were selected in the presence of the waqf officials and the administrative committee has been administering the waqf without the approval of the waqf board and draft amendment in the bye-law was published by the erstwhile superintendent of the waqf Ramanathpuram on 29.12.2023 for getting objections/suggestions and the same was submitted to this office as a report and on 15.10.2024 the waqf board have taken this for an enquiry and the order has not been passed so far and A.A.No.3 of 2023 is pending before the Waqf Tribunal at Chennai for modifying the bye-laws. Since, the directions for the administration and the appointment and removal of muthawalli are domain of the Waqf Board U/S.32 (2) (c) & (g) of the Waqf Act 1995, this matter is referred to the Tamil Nadu Waqf Board for consideration and orders.” 6. It is noticed that the tenure of the previous Committee came to an end on 18.03.2024, which was appointed earlier on 19.03.2024. Thereafter, a new Committee has not been appointed. 7. It is in its background, the report of the Chief Executive Officer of the Wakf, which has been placed before the Wakf. Hence, a decision has to be taken based on the existing by-laws. Therefore, there shall be a direction to the 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16260 of 2025 respondents to constitute the Administrative Committee, strictly in accordance with the provisions of the existing by-laws within a period of thirty (30) days from the date of receipt of a copy of this order. 8. Considering the fact that the tenure of the previous Committee came to an end on 18.03.2024, this is without prejudice to the rights of the Official respondents to initiate any action for any malfeasance and misfeasance in accordance with the Wakf Act. 9. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 18.06.2025 Internet : Yes / No apd To 1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 2. The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16260 of 2025 C.SARAVANAN, J. apd 3. The Wakf Superintendent, Tamilnadu Wakf Board, 159/3, Tharppasayanam Road, Vellipattinam, Ramanathapuram - 623 504. W.P.(MD) No.16260 of 2025 18.06.2025 6/6 https://www.mhc.tn.gov.in/judis