W.P.No.21996 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.01.2025 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21996 of 2022 1.Zeeshan 2.Asima Begum ...Petitioners Vs. 1.The Tamil Nadu Wakf Board Rep. by its Chairman No.1, Jaffer syrang street, Mannady Chennai-600 001. 2.The Chief Executive officer The Tamil Nadu Wakf Board No.1, Jaffer syrang street, Mannady Chennai -600 001. 3.Mohamed Alijah Khan S/o. Late. Md Muthaher Ahmed Khan Joint Muthawalli of Munir Khan pious and Religious Charity Wakf No. 48, 2nd street, Dargh colony Kamaraj Nagar Zamin Pallavaram, Chenani 600 043 ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to consider the representation dated 5.8.2020 and 1.12.2020 and further direct the respondents 1 and 2 to conduct enquiry in accordance with Wakf Act 1995 1/5 https://www.mhc.tn.gov.in/judis W.P.No.21996 of 2022 For Petitioner : Mr.Azimath Begam For Respondent : Mr. Haja Mohideen Gisthi for R1 & R2 Standing Counsel Mr.N.A.Nissar Ahmed for R3 O R D E R The writ petition is filed seeking a direction to respondents 1 and 2 to to consider the representation of the petitioner dated 05.08.2020 and 01.12.2020 and further direct the respondents 1 and 2 to conduct enquiry in accordance with the Wakf Act, 1995. 2. The petitioners herein are hereditary Muthawallis' of wakf called Munir Khan Pious and Religious Charities Wakf. The said wakf is under the supervisory control of the 1st respondent. Originally, the Wakif namely Munir Khan Sahib was a Muthawalli during his lifetime. After his death, his legal heirs have been managing the wakf as per the mandate of the wakf deed. The petitioners and 3rd respondent have been acting as joint Muthawallis' of the said wakf. It is stated by the petitioners that 3rd respondent started acting illegally for his personal gain against the interest of the wakf. Therefore, they 2/5 https://www.mhc.tn.gov.in/judis W.P.No.21996 of 2022 passed a resolution by majority removing him from the muthawalliship and the said resolution was forwarded to the 1st respondent by submitting a representation seeking necessary action and the same has not been considered. Hence, the petitioner has come before this Court. 3. Section 64 of Wakf Act, 1995 enables only the Wakf Board to remove the muthawalli from his office on specified grounds. The petitioners cannot pass a resolution and remove one of the co-muthawalli by majority. Further, in the representation submitted before the Wakf Board, no specific allegation is made against the 3rd respondent seeking his removal under Section 64 of Wakf Act. Therefore, this Court is not inclined to issue any positive direction to the 1st respondent to consider the representation submitted by the petitioner. Accordingly, the writ petition stands dismissed. However, the dismissal of the writ petition will not come in a way of the petitioner submitting any fresh representation before the Wakf Board seeking removal of 3rd respondent on specific allegation. If any such representation is submitted by the petitioners, it is for the Wakf Board to consider the same on its' own merits and in accordance with law after giving sufficient opportunity to the 3rd respondent. 3/5 https://www.mhc.tn.gov.in/judis W.P.No.21996 of 2022 4. With the above observations, the writ petition stands dismissed. No costs. 21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr To 1.The Tamil nadu Wakf Board Rep. by its Chairman No.1, Jaffer syrang street, Mannady Chennai-600 001. 2.The Chief Executive officer The Tamil Nadu Wakf Board No.1, Jaffer syrang street, Mannady Chennai -600 001. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.21996 of 2022 S.SOUNTHAR , J. nr W.P No.21996 of 2022 21.01.2025 5/5 https://www.mhc.tn.gov.in/judis