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2025 DAILYLAW 63131 (MAD)

S.R.ANWAR v. THE TAMIL NADU WAQF BOARD

WP/20280/2025 · 2025-09-09

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.20280 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 20280 of 2025 and W.M.P.Nos. 22870 & 22871 of 2025 S.R.Anwar ..Petitioner Vs. 1.The Tamil Nadu Waqf Board, Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. 2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. 3.The Superintendent of Waqf, Salem Zone, Salem District. 4.A.K.Nazeer Ahmed S/o. Abdul Kadar, No.29, Masjid Street, Chevvapet, Salem-2. (R4 – impleaded vide order dated 26.06.2025 made in WMP.25447/2025 in WP.20280/2025 by NAVJ) 1/6 https://www.mhc.tn.gov.in/judis W.P.No.20280 of 2025 5.Janab Sirajudeen S/o. Mr.Basha, No.164/5, Park Street, Salem-1. ... Respondents (R5- impleaded vide order dated 09.09.2025 made in WMP.38210 of 2025 in WP.20280/2025 by MDIJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records relating to the 1st respondent in Item No.258 of 2024 in Rc.No.15983/08/B2/Salem dated 19.11.2024 published in G.O.No.17 dated 30.04.2025 and quash the same as illegal. For Petitioner : Ms.A.Ajimath Begum For Respondents : Mr.Avinash Wadhwani Standing Counsel for R1 to R3 Mr.S.Abdul Wahab for R4 ORDER Challenge in this writ petition is to the G.O.Ms.No.17 dated 30.04.2025 issued by the 1st respondent for taking over the Jamia Masjid Trust, 1st Agraharam, Salem under the Direct Management of Tamil Nadu Waqf Board from 19.11.2024 and to appoint the Superintendent of Waqf, Salem as its Executive Officer. 2. While entertaining this writ petition, this Court granted interim stay. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.20280 of 2025 However, this Court issued a direction to the 1st respondent to continue the Direct Management for a period of three months. In the meanwhile, issued a further direction to the 1st & 2nd respondents to conduct election for the Waqf Board. 3. Learned counsel appearing for the petitioner submits that this Court may appoint a suitable Advocate Commissioner for the purpose of conducting the election in coordination with the 1st respondent / Wakf Board and in consonance with the guidelines to be framed, for which, the respondent submits that they have no objection. It is further submitted by the petitioner that he is ready and willing to pay a sum of Rs.1,00,000/- to the Advocate Commissioner towards his/her remuneration. 4. In view of the earlier orders passed, this Court finds necessary to appoint suitable Advocate for conducting election of the Wakf Board namely, Jamia Masjid (G.S.No.227), 1st Agraharam Street, Salem. Accordingly, this Court appoints Mr.A.Venkatesh Kumar, Advocate, A3, 3rd Floor, No.74/65, AS Piran Garden, 2nd Street, Kilpauk, Chennai – 10 (Mob No.98841 87488) as Advocate Commissioner to conduct election of the Wakf Board along with Ms.S.Sanjana @ Sana, Saleem Chamber, No.151/313, Second Floor, Thambu Chetty Street, 3/6 https://www.mhc.tn.gov.in/judis W.P.No.20280 of 2025 Parrys, Chennai – 600001 (Mob No. 7667645700) to assist the Advocate Commissioner. The Advocate Commissioner shall complete the election within a period of three months following the guidelines framed and in coordination with the 1st respondent / Wakf Board. The Advocate Commissioner is given liberty to seek all assistance either from Law Enforcing Agency or any other Agency for conducting the election in a peaceful manner. 5. The learned counsel appearing for the respondents also expressed his no objection for the said arrangement. 6. The petitioner is directed to pay a sum of Rs.1,00,000/- to the Advocate Commissioner towards remuneration. The petitioner is also directed to co-operate with opening of the Palli Vasal for worship and allow the 1st respondent Officials as well as the Advocate Commissioner for conducting election peacefully. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 7. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.20280 of 2025 09.09.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No kkn To 1.The Chairman Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. 2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. 3.The Superintendent of Waqf, Salem Zone, Salem District. M.DHANDAPANI, J. KKN 5/6 https://www.mhc.tn.gov.in/judis W.P.No.20280 of 2025 W.P.No. 20280 of 2025 09.09.2025 6/6 https://www.mhc.tn.gov.in/judis