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2025 DAILYLAW 96632 (MAD)

MOHAMMED SHAKEER v. THE TAMIL NADU WAQF BOARD

WP/32995/2025 · 2025-09-22

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 32995 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-09-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 32995 of 2025 Mohammed Shakeer Muthawalli, Al-Masjithul Madeena Thakni Ahlus Sunnath Val Jamath Pallivasal, No.40, Pothanur Main Road, Coimbatore. Petitioner(s) Vs 1.The Tamil Nadu Waqf Board Rep. By Its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Mannady Chennai-01. 2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Setthakadhi Nagar, Mannady, Chennai-01. 3.The Superintendent of Waqf, Coimbatore Zone, Having Office at Hydera Ali Tippi Sulthan Mosque & Kabarastan, Mettupalayam Road, Coimbatore – 641 001. Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 32995 of 2025 Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified Mandamus calling upon the record of the 2 nd respondent in impugned notice vide Na.Ka.No.10485/07/AA2/Kovai dated 09.07.2025 as illegal, unjust and arbitray and consequently direct the 2 nd respondent to implement the order dated 22.04.2025 in Na.Ka.No.11223/E1/2025 and thereby conduct an election to the Al-Masjithul Thakni Ahlus Sunnath Val Jamath Pallivasal, Podhanur within a stipulated period of time. For Petitioner(s): A.Ajimath Begum G.Siva Kumar M.M.I.Khaleel For Respondent(s): Mr.Haja Mohideen Gisthi For Respondents ORDER The petitioner, who is primarily aggrieved by the wrong conduct of election for electing Muthawalli and other members of the the Podanur Sunnath Jamaat Mosque Waqf has filed this Writ Petition. 2.According to the petitioner, the above mentioned Mosque is governed by the Waqf Act and that from the year 1956 till 1994 elections were conducted as per the by-law. During the year 2022, a Writ Petition was filed before this https://www.mhc.tn.gov.in/judis WP No. 32995 of 2025 Court by two worshippers seeking to expand the territorial jurisdiction of the Waqf of the Mosque, since the Mosque was established in the year 1956 and over the period of time, the area has expanded and more believers have started worshipping in the Mosque. The said Writ Petition, in W.P.No.22456 of 2022 was disposed of by this Court by an order dated 30.08.2022 with a direction to the Tamil Nadu Waqf Board to prepare a revised list including new members. Therefore, the proposed election during the Month of October 2022 was deferred by two weeks. It is the case of the petitioner that the though the revised list was prepared and the election was conducted, the Waqf Board has now issued a notification for appointing an ad-hoc committee. Seeking for early election of the Waqf, the petitioner has come up with this Writ Petition. 3.This Court has heard the learned counsel for both the sides and perused the materials available on record. 4.This Court is not going into the merits of the case or the averments made in the petition and also the arguments advanced by the learned counsel on https://www.mhc.tn.gov.in/judis WP No. 32995 of 2025 either side. The order of this Court cited supra speaks for itself. The proposed election during the Month of October 2022 was deferred only for a period of two weeks so as to give time for the Waqf Board to prepare a revised voter list including new members. However, for the reasons best known to the Waqf Board, it had inordinately postponed the election and now an ad-hoc committee is proposed. This is not the spirit of the order passed by this Court. Therefore, the impugned notification is quashed and the Tamil Nadu Waqf Board is directed to conduct election for appointment of Muthawalli within a period of twelve weeks from the date of receipt of a copy of this order. 5.The Writ Petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 32995 of 2025 To 1.The Tamil Nadu Waqf Board Rep. By Its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Mannady Chennai-01. 2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Setthakadhi Nagar, Mannady, Chennai-01. 3.The Superintendent of Waqf, Coimbatore Zone, Having Office at Hydera Ali Tippi Sulthan Mosque & Kabarastan, Mettupalayam Road, Coimbatore – 641 001. https://www.mhc.tn.gov.in/judis WP No. 32995 of 2025 M.DHANDAPANI J. Tsg WP No. 32995 of 2025 22-09-2025 https://www.mhc.tn.gov.in/judis