W.P.(MD)No.29312 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025 CORAM THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.29312 of 2025 S.Azaruddin Sikkandar Kani S/o. Haji Sardar 90/4, Keelapallivasal Street Thirumangalam, Madurai. ... Petitioner Vs. 1. The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai. 2. M.K.I Kanavai Pitchai S/o. Ibramsha Mutawalli Thirumangalam Kodimaratheru and Keelapallivasal Theru Muslim Lebbai Jamath Pallivasal Waqf Thirumangalam Taluk, Madurai District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to hold elections through a retired judge or advocate commissioner for electing the office bearers of Thiurumangalam Kodimaratheru and 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 Keelapallivasal Theru Muslim Lebbai Jamath Pallivasal Waqf by considering the petitioners representation dated 02.04.2025 within the time that may be stipulated by this Honble Court. For Petitioner : Mr.Mahaboob Athief M For Respondent : Mr.D.S.Haroon Rashid, for R1 Mr.V.Rajiv Rufus, for R2 ORDER This writ petition has been filed to direct the 1st respondent to hold elections through a retired Judge or Advocate Commissioner for electing the office bearers of Thirumangalam Kodimaratheru and Keelapallivasal Theru Muslim Lebbai Jamath Pallivasal waqf by consider the petitioner's representation dated 02.04.2025. 2. Today, when the matter is taken up for hearing, both the petitioner as well as the 2nd respondent had agreed for conducting elections. In this regard, they filed a memo dated 15.12.2025, which reads as follows: “It is most humbly submitted that the following procedure shall be followed for electing the Mutawalli 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 Committee of the Thirumangalam Kodimaratheru and Keelapallivasal Theru Muslim Lebbai Jamath Pallivasal Waqf. Though this Hon'ble Court by its order in Mohammed Yusuf vz. Tamil Nadu Wakf Board, 2023 (3) CWC 143, has held that the Board cannot hold election by its own, by consent of both parties, the following procedure is proposed as a one-time measure for selecting the Mutawalli. It is most humbly submitted that the following procedure may be prescribed:- 1. Election Officer shall be the Waqf Superintendent, Madurai. 2. 26.12.2025 Publication of List of voters/members of the General Body to be published in Mosque Notice board. 02.01.2026 Filing of Nominations 08.01.2026 Last date for filing Nomination 09.01.2026 Scrutiny of Nomination and Publication of final list of valid nominations. 13.01.2026 Last date of withdrawal of Nomination 3. If the number of valid nominations is less than 11 or equal to 11, the valid nominations are declared elected. However, if more than 11 valid nominations are found after 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 scrutiny, the election officer shall proceed with the election procedure as under:- 19.01.2026 Publication of List of Final Candidates 30.01.2026 Election by Secret Ballot & Counting of Votes 30.01.2026 Declaration of Results. 3. The following names were suggested by the petitioner to be appointed as Advocate Commissioner for conducting the election: 1.M.Umar Ali, S/o.Mohamed Ali Jinnah, D.No.23/2, Raiway Lind Street, Thirumangalam. 2.A.Abdul Lathif, S/o.Aliar, No.74/52, Keelapallivasal Street, Thirumangalam. 3.A.Syed Ibrahim, S/o.Abdul Kaboor, No.71, Kodimaratheru, Thirumangalam 4.Mohamed Akkarudin, S/o.H.B.Akbar Ali, No.114, Keelapallivasal Street, Thirumangalam. 4. On the other hand, the following names were suggested by the respondents: 1. cwh$p/A/Rfhg;jPd;. S/o.I/m$P!;. 113K. jt;cwPj; efh;. jpUk';fyk; 625 706 2. $dhg;/M.S.M.S.rh;jhh; kd;R{h;. S/o. M.S.M.rpf;fe;jh;. 24-75. cj;jz;ld; bjU. jpUk';fyk; 625 706 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 3.$dhg;/Dr.S.iraJ ,g;uhfPk;. MPT. S/o.Kfk;kJ bc&hPg;. 51. crpit buhL. jpUk';fyk; 625 706 4.$dhg;/J.fh$h cwkPJy;yhcw; M.A.BL. S/o.A.b$apd; myhod;. 112. fPHg;gs;spthry; bjU. jpUk';fyk; 625 706 5. In view of the above, it is clear that no consent was arrived at between the parties in nominating a common person as Advocate Commissioner. When such being the case, this Court is inclined to appoint Advocate Commissioner. 6. Accordingly, Mr.K.R.Badurus Zaman, learned Government Advocate, Ph.No.95007 62662, is appointed as Advocate Commissioner. He shall be paid a sum of Rs.1,00,000/- (Rupees One Lakh only) as remuneration by the parties concerned. 7. The Advocate Commissioner shall conduct election for the purpose of electing 11 members of Mutawalli Committee. In this regard, he shall carry out the following works: 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 i) Publication of list of voters/members of the General Body to be published in the Mosque Notice Board. ii) fixing the last date for filing of nomination. iii)fixing the last date for withdrawal of nomination iv) If the number of valid nominations received is 11 or less than 11, the same shall be declared as elected. On the other hand, if more than 11 valid nominations are received, the Advocate Commissioner shall conduct election as per the procedure. v) List of final candidates shall be published. vi) Election shall be conducted by secret ballot and votes shall be counted. Thereafter, the results shall be declared. vii) The Advocate Commissioner is directed to videograph the entire election process. viii) After completion of election process, the Advocate Commissioner shall file a report before this Court. 8. With the above directions, this writ petition is disposed of. No cost. 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 9. List this matter for reporting compliance, once if the report is filed by the learned Advocate Commissioner. 17.12.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa To The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29312 of 2025 KRISHNAN RAMASAMY.J., nsa W.P.(MD)No.29312 of 2025 17.12.2025 8/8 https://www.mhc.tn.gov.in/judis