Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 42515 (MAD)

AMMANULLAH KHAN v. SYED FAZAL BASHA

CMP/8152/2025 · 2025-04-03

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP No. 8152 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR CMP No. 8152 of 2025 and WA SR No.48625 of 2025 1. Ammanullah Khan S/o.M.Muhufddin Khan, New No.12, Old No.59, Mukhtharunisa Begum Street, Ellis Road, Chennai-600002 2.Mohammed Kaleemullah S/o.Ghulam Datagir, NO.3/4, KhanaBagh 1st lane, Triplicane, Chennai-600005 3.F.Ghouse Muhideen S/o.Fazluddin, NO.23/11, 3rd Floor, Triplicane High Road, Chennai-600005 4.I.Mohammed Nasser S/o.G.Mohammed Iqbal, NO.5/2, Muktharunissa Begum Street, 1st Lane, Ellis Road, Mount Road, Anna Salai, Chennai-600002 5.B.Bilal Ahmed S/o.Buruhanudeen, No.6/9, https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 Muktharunissa Begum Street, 1st Lane Ellis Road, Mount Road, Anna Salai, Chennai-600002 6.Syed Ismail M S/o.Musthafa, No.64/2, Muktharunissa Begum Street, Adam Market, Anna Salai,Chennai-600002 7.B.Rasheed Ahmed S/o.Basheer Ahmed, No.21/10, Tasudeen Khan Street, Triplicane, Chennai-600002 8.Mohammed Nawaz G S/o.Mohammed Ghouse Basha, NO.1/1, Muktharunissa Begum Street, Anna Salai, Chennai-600002 9.D.Anwar Hussain S/o.Dawood Basha, No.12/4, Muktharunissa Begum Street, 7th Lane, Mount Road, Anna Salai, Chennai-600002 10.D.Iqbal Hussain S/o.H.Dawood Basha, No.12/4, Muktharunissa Begum Street, 7th Lane, Mount Road, Anna Salai, Chennai-600002 11.Roshan Nawaz S/o.Fayazuddin, No.1/1, Tassuddin Khan Street, Triplicane, Chennai-600005 https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 12.Mohamed Abdullah S/o.Mohammed Ardullah, No.55/t-20, Muktharunissa Begum Street, Ellis Road, Mount Road, Anna Salai, Chennai-600002 13.Nizam Basha S/o.Ghouse Basha, No.203/2, Thondaikhanmaakhan, 1st Lane, Triplicane, Chennai-600005 14. RIAZUDDIN S/o.Noor Mohammed, res at No.53/23 Triplicane High Road, Walajah Big Mosque, Chennai-600005 15.Mansoor Ahmed S/o.Noor Mohammed, res at No.53/23 Triplicane High Road, Walajah Big Mosque, Chennai-600005 16.Ather Basha S/o.Akbar Basha, 13/9, Appavoo Street, Mount Road, Chennai-600002 17.Masood F S/o.Farooq Sahib S.G., 25/11, Muktharunissa Begum Street, Ellis Road, Chennai-600002 Appellant(s) Vs 1. Syed Fazal Basha S/o.Hayath Basha, res at Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 No.6, Unnis Ali Sahib Street, Ellis Road, Chennai-600002 2.Syed Sadiq Basha S/o.Hayath Basha, res at Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, NO.6, Unnis Ali Sahib Street, Ellis Road, Chennai-600002 3.Mohamed Ikramulla Sheriff S/o.Late Mohamed Rahamathullah Sheriff, Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, NO.15/12, Thaikuddin Khan Street, Triplicane, Chennai-600005 4.Ajaz Ahmed S/o.Mohammed Fakhrullah, Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, No.36/29, First Lane, Azuddinkhan Street, Triplicane, Chennai-600005 5.S.D.Abdul Latheef S/o.M.Shaik Dawood, Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, No.4/23, 6th Lane, Mukthar Unisa Begam Street, Mount Road, Chennai-600002 6.P.S.Mohamed Mohideen Adhoc Committee Member, Kuraisi https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 Mosque Wakf (sunni) @ Masjid E Quraishiya, No.2/11, 1st Lane, Mukthar Unisa Begam Street, Mount Road, Chennai-600002 7.The Tamil Nadu Wakf Board Rep. by its Chairman office at No.1, Jaffer Syrang street, Vallal Seethakathi Street, Chennai-600001 8.The Tamil Nadu Wakf Board Rep. by its Chief Executive officer, office at No.1, Jaffer Syrang street, Vallal Seethakathi Street, Chennai-600001 9.The Superintendent Of Wakf Office of Wakf Chennai Zone, Dr.Besant Road, Triplicane, Chennai-600005 Respondent(s) WA SR No. 48625 of 2025 1. Ammanullah Khan Appellant(s) Vs 1. Syed Fazal Basha Respondent(s) https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 CMP No. 8152 of 2025 PRAYER: To grant leave to the Appellants of this Hon'ble Court to file Writ Appeal as against the order dated 12.02.2025 made in WP No.4827/2025. WA SR No. 48625 of 2025 PRAYER CMP No. 8152 of 2025 For Appellant(s): Mr.L.G.Sahadevan For Respondent(s): D.G.Hariprasath For M/s.G.R.Associates For RR1 to 6 ORDER (Order of the Court was made by S.M.Subramaniam J.) The miscellaneous petition to grant leave has been instituted by the Members of Kuraisi Mosque Wakf (Sunni) @ Masjid-E-Quraishiya. 2. The Writ Court quashed the resolution appointing an interim Committee and directed the Wakf Board to conduct the election for appointment of Muthavalli as per the Scheme that is framed in respect of the subject wakf within a period of four months. 3. The petitioners would submit that they are members and without impleading all the members the writ petition has been instituted and therefore the present petition seeking leave has been instituted. https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 4. This Court is of the considered opinion that the writ order would not cause any prejudice to the interest of the members since, the members are at liberty to submit their objections regarding eligibility or otherwise to the Wakf Board, who in turn, under the Scheme and the Act has to consider the illegality or otherwise and take a decision. When the Wakf Board vest with the power to scrutinize all these aspects, the writ order deserves no interference. 5. Thus, granting liberty to the petitioners to submit their objections before the Wakf Board which is to be considered during the appropriate time on merits and in accordance with law, the grant leave petition stands dismissed. Consequently, W.A.SR.No.48625 of 2025 stands rejected. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 03-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 CMP No. 8152 of 2025 To 1.Syed Fazal Basha S/o.Hayath Basha, res at Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, NO.6, Unnis Ali Sahib Street, Ellis Road, Chennai-600002 2.Syed Sadiq Basha S/o.Hayath Basha, res at Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, NO.6, Unnis Ali Sahib Street, Ellis Road, Chennai-600002 3.Mohamed Ikramulla Sheriff S/o.Late Mohamed Rahamathullah Sheriff, Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, NO.15/12, Thaikuddin Khan Street, Triplicane, Chennai- 600005 4.Ajaz Ahmed S/o.Mohammed Fakhrullah, Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, No.36/29, First Lane, Azuddinkhan Street, Triplicane, Chennai-600005 5.S.D.Abdul Latheef S/o.M.Shaik Dawood, Adhoc Committee Member, Kuraisi Mosque https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 Wakf (sunni) @ Masjid E Quraishiya, No.4/23, 6th Lane, Mukthar Unisa Begam Street, Mount Road, Chennai- 600002 6.P.S.Mohamed Mohideen Adhoc Committee Member, Kuraisi Mosque Wakf (sunni) @ Masjid E Quraishiya, No.2/11, 1st Lane, Mukthar Unisa Begam Street, Mount Road, Chennai-600002 7.The Tamil Nadu Wakf Board Rep. by its Chairman office at No.1, Jaffer Syrang street, Vallal Seethakathi Street, Chennai-600001 8.The Tamil Nadu Wakf Board Rep. by its Chief Executive officer, office at No.1, Jaffer Syrang street, Vallal Seethakathi Street, Chennai- 600001 9.The Superintendent Of Wakf Office of Wakf Chennai Zone, Dr.Besant Road, Triplicane, Chennai- 600005 WA SR No. 48625 of 2025 To 1.Syed Fazal Basha https://www.mhc.tn.gov.in/judis CMP No. 8152 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. ssi CMP No. 8152 of 2025 and WA SR No.48625 of 2025 03-04-2025 https://www.mhc.tn.gov.in/judis