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2025 DAILYLAW 28774 (MAD)

JUMMAH PALLIVASAL v. THE TAMIL NADU WAQF BOARD

WP/7018/2025 · 2025-02-27

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Nos.7018 and 7339 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.7018 and 7339 of 2025 W.P.No.7018 of 2025: Jummah Pallivasal Rep By Its Managing Mutavalli A.J.Mohammed Iqbal Durugam Road, Keezhthakka Kallakurichi 606202. .. Petitioner Vs. 1. The Tamil Nadu Waqf Board Rep. By Its Chairman No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600001 2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1 Jaffer Syrang Street Vallal Seethakathi Nagar, Chennai 600 001. .. Respondents https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 04.02.2025 before the first day of Ramzan fasting i.e.01.03.2025 and within a time frame fixed by this court. For the Petitioner : Mr.Mr.A.Rajamohamed For the Respondents : Mr.Avinash Wadhwani Standing Counsel W.P.No.7339 of 2025: S.Liyakath Ali Hereditary Joint Muthavalli Jumma Masjith No.1, Karunapuram Kallakurichi – 606 202. .. Petitioner Vs. 1. The Tamil Nadu Waqf Board Rep By Its Chairman No.1 Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600001 2.The Tamil Nadu Waqf Board Represented by its Chief Executive Officer No.1 Jaffer Syrang Street Vallal Seethakathi Nagar Chennai 600001 .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission to the https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 petitioner to perform Ramzan Festival commencing from 01.03.2025 as per representation dated 18.02.2025 and pass such further orders. For the Petitioner : Ms.R.Sripriya For the Respondents : Mr.Avinash Wadhwani Standing Counsel COMMON ORDER Both these Writ Petitions are connected and as such are taken up together and disposed of by this common order. 2. Mr.A.J.Mohammed Iqbal, Managing Mutawalli has filed W.P.No.7018 of 2025 with a prayer to consider his representation and to pass orders on or before 01.03.2025, on which date the holy month of Ramzan commences. 3. The other Mutawalli - S.Liyakath Ali has filed W.P.No.7339 of 2025 with a prayer to grant permission to him, to perform the festival commencing from 01.03.2025. 4. Both of them are praying that they alone to the exclusion of the other should be permitted to make preparations for the supply of food for the Sahar https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 and Iftar. The Managing Mutawalli alleges that last year when the other Mutawalli was permitted, he had submitted a bill for an enormous amount and the dispute is still pending with reference to the same. 5. On the contrary, the other Mutawalli submits that the Managing Mutawalli is indulging in huge misappropriation of amounts and falsification of accounts. 6. In view thereof, the date is also approaching and there is only one working day in between, it will not be practically possible for the Waqf Board to conduct a detailed enquiry, and arrive at the truth or otherwise of the allegations traded by each other and come to the conclusion. 7. In the result, the Writ Petitions are disposed of on the following terms:- (i) It is stated by the Managing Mutawalli that he has already purchased the items and he cannot claim that he alone exclusively will perform the same and the other Mutawalli shall also take part and they shall jointly supply the Nombu Kanji and the other things needed for Sahar and Iftar. Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 (ii) The Superintendent of Waqf shall be one of the observers, to observe where appropriate arrangements are being made and the things are supplied to the worshippers without fail and in time and the accounts are maintained properly. (iii) Yet another devotee can also be nominated by the Waqf Board to supervise the entire things along with the Superintendent of waqf, so that the things are carried on smoothly throughout the month and the festival is carried on without any issues; (iv) On a day-to-day basis, the expenditures incurred shall be submitted to the observers, and the proposed expenditures for the next day shall be submitted to the observers as well. After receiving approval from them, both petitioners shall proceed further. (v) It is made clear that reimbursements shall be made only towards the expenditure for purchase of the grocery, other materials meant for the food and for the Workmen who are all involved and not for the personal expenditure of the Mutawalli or the co-Mutawalli; (vi) The Waqf Board shall also insist upon additional conditions; (vii) No costs. Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 27.02.2025 Neutral Citation : No Note:Registry is directed to issue order copy on 28.02.2025 Jer To The Chairman Tamil Nadu Waqf Board No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600001 2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1 Jaffer Syrang Street Vallal Seethakathi Nagar, Chennai 600 001. D.BHARATHA CHAKRAVARTHY, J., Jer https://www.mhc.tn.gov.in/judis W.P.Nos.7018 and 7339 of 2025 W.P.Nos.7018 and 7339 of 2025 27.02.2025 https://www.mhc.tn.gov.in/judis