WP No. 27460 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 27460 of 2025 1. P.Afroze Basha Mutavali, Hazrat Mastan Avuliya Dargah, Periyapet, Vaniyambadi- 635 751 Tiruppathur District. Petitioner(s) Vs 1. The Tamil Nadu Waqf Board, Rep. By Its Chief Executive Officer, No.1, Jaffar Syrang Lane, Seetha Kathi Nagar, Chennai-600 001. 2.The District Collector Tiruppathur District, Collector Office, Tiruppathur-635 601. 3.The Revenue Divisional Officer PWD Campus-new Town, Vaniyambadi-635 752. 4.D.Anees Ahmed S/o.Abdul Jabbar, No.12/330, Mastan Dargah Street, Periyapet, Vaniyambadi-635 751. Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the https://www.mhc.tn.gov.in/judis WP No. 27460 of 2025 issuance of writ of Mandamus directing the third respondent to consider the petitioners representation dated 16.06.2025 and take immediate legal action to trace the fourth respondent and retrieve all records and documents of Hazrat Mastan Avuliya Dargah from him and hand over the same to the petitioner. For Petitioner(s): Mr.S.Deivasigamani For Respondent(s): Mr.H.Yasmeen Ali for Mr.M.Mohamed Aathir for R1 Mr.E.Vijay Anand Additional Government Pleader for R2 and R3 ORDER This writ petition has been filed for the issue of writ of Mandamus directing the 3rd respondent to deal with the representation made by the petitioner on 16.06.2025 wherein the petitioner is seeking for tracing the 4th respondent and to restore all the records and documents of Hazrat Mastan Auvliya Dargah. 2. Heard Mr.S.Deivasigamani, learned counsel for the petitioner and Mr.H.Yasmeen Ali, leanred counsel for R1 and Mr.E.Vijay Anand, learned Additional Government Pleader for R2 and R3. https://www.mhc.tn.gov.in/judis WP No. 27460 of 2025 3. The case of the petitioner is that the Hazrat Mastan Auliya Dargah is incorporated with the Tamil Nadu Waqf Board vide registration No.77/1959. The 4th respondent is alleged to have created a forged deed and started claiming himself to be a Mutavali of the waqf. A complaint was given and the 1st respondent conducted an enquiry and ultimately, it was found that the 4th respondent is not entitled to continue as a muthavali and the petitioner was appointed as Mutavali of the Dargah. The 4th respondent did not hand over the relevant documents and he locked the dharga and took away the key and thereafter, he was not able to be traced. Hence, a compliant was also given to the police and the same is under enquiry in CSR No.272 of 2025. Thereafter, the petitioner had approached the Waqf Board and also the other respondents, to open the Dharga in order to enable the petitioner to function as the Muthavali. Since the same was not considered, the present writ petition has been filed before this Court. 4. Taking into consideration the facts and circumstances of the case and the peculiar grievance expressed by the petitioner, there shall be a direction to the 1st respondent to act upon the representation made by the petitioner on 16.06.2025, since it is the 1st respondent who has appointed the petitioner as the Muthavali of https://www.mhc.tn.gov.in/judis WP No. 27460 of 2025 the Dharga. Necessary action shall be taken by the 1st respondent to ensure that the dharga is functioning and the petitioner is permitted to discharge his function as the Muthavali after restoring all the relevant records and documents. This process shall be completed by the 1st respondent within a period of four weeks from the date of receipt of a copy of this order. 5. This writ petition is disposed of with the above directions. No costs. 28-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 27460 of 2025 To 1.The Tamil Nadu Waqf Board, Rep. By Its Chief Executive Officer, No.1, Jaffar Syrang Lane, Seetha Kathi Nagar, Chennai-600 001. 2.The District Collector Tiruppathur District, Collector Office, Tiruppathur-635 601. 3.The Revenue Divisional Officer Pwd Campus-new Town, Aniyambadi-635 752. 4.D.Anees Ahmed S/o.Abdul Jabbar, No.12/330, Mastan Dargah Street, Periyapet, Vaniyambadi-635 751. https://www.mhc.tn.gov.in/judis WP No. 27460 of 2025 N.ANAND VENKATESH J. rka WP No. 27460 of 2025 28-07-2025 https://www.mhc.tn.gov.in/judis