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2026 DAILYLAW 2942 (MAD)

J.Shanavas v. The Principal Secretary

WA(MD)/536/2026 · 2026-04-17

M Jothiraman, N Sathish Kumar

Transfer Petitionbody2026

Judgment text

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W.A(MD)No.536 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.536 of 2026 and C.M.P(MD)No.5018 of 2026 1.J.Shanavas 2.Mohammed Abdul Kadar ... Appellants/Petitioners vs. 1.The Principal Secretary, Department of BC, MBC and Minorities Welfare, Secretariate, Chennai-600 009 2.The District Collector, Nagercoil, Kanyakumari District. 3.The Chief Accounting Officer, Office of the Tamil Nadu Wakf Board, D.No.1, Jaffer Syrang Street, Chennai-1 4.The Chief Executive Officer, Office of the Tamil Nadu Wakf Board, D.No.1, Jaffer Syrang Street, Chennai-1. 1/6 https://www.mhc.tn.gov.in/judis W.A(MD)No.536 of 2026 5. The Waqf Superintendent, K.A.P. Shopping Complex, T.V.M. Road, Palayamkottai Post, Tirunelveli-627 002. 6. The Waqf Inspector, K.A.P. Shopping Complex, T.V.M. Road, Palayamkottai Post, Tirunelveli-627 002. 7. The Commissioner, Nagercoil Corporation, Nagercoil, Kanyakumari District. 8. The Executive Committee of Malik Dinar Mosque, (Register Under Waqf Act 46(1) G.S.No.18/k.K/a2/ag Plus 1957) Represented by its President, S.Sugarno, Arippu Street, Kottar. ... Respondents/Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 09.02.2026 made in W.P(MD)No.1682 of 2026. For Appellants : Mr.J.Jeevin For R1 & R2 : Mr.J.Ashok Additional Government Pleader For R3 to R6 : Mr.D.S.Haroon Rashidh for R8 : Mr.Haja Mohideen 2/6 https://www.mhc.tn.gov.in/judis W.A(MD)No.536 of 2026 JUDGMENT [Judgment of the Court was made by N.SATHISH KUMAR, J.) Aggrieved by the order of the learned Single Judge dismissing the writ petition as having become infructuous, the writ petitioners have filed the present writ appeal. 2. The writ petitioners are the appellants herein. The writ petition was filed seeking a direction to respondents 1 to 6 to consider and pass appropriate orders on the petitioners’ representations dated 01.11.2025 and 15.11.2025, and to restrain the 8th respondent from carrying out any demolition, reconstruction, or rebuilding work in respect of the Malikdinar Mosque Waqf property. 3. The learned Single Judge, after recording the submission of the 8th respondent that the waqf property had already been demolished, dismissed the writ petition as infructuous. Aggrieved thereby, the present appeal has been preferred by the appellants. 3/6 https://www.mhc.tn.gov.in/judis W.A(MD)No.536 of 2026 4. When the appeal was taken up for consideration today, the 8th respondent reiterated that the waqf building has already been demolished. It was further submitted that an application has been made for planning permission for construction of a new waqf structure, and that a request has also been submitted before the District Collector seeking a No Objection Certificate. It was stated that construction of the new waqf building would be undertaken only after obtaining the necessary No Objection Certificate and approval of the building plan. In view of the above, no further orders are required in this appeal. 5.Accordingly, the writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 17.04.2026 NCC : Yes / No Index : Yes / No am 4/6 https://www.mhc.tn.gov.in/judis W.A(MD)No.536 of 2026 To 1.The Principal Secretary, Department of BC, MBC and Minorities Welfare, Secretariate, Chennai-600 009. 2.The District Collector, Nagercoil, Kanyakumari District. 3.The Chief Accounting Officer, Office of the Tamil Nadu Wakf Board, D.No.1, Jaffer Syrang Street, Chennai-1 4.The Chief Executive Officer, Office of the Tamil Nadu Wakf Board, D.No.1, Jaffer Syrang Street, Chennai-1. 5. The Waqf Superintendent, K.A.P. Shopping Complex, T.V.M. Road, Palayamkottai Post, Tirunelveli-627 002. 6. The Waqf Inspector, K.A.P. Shopping Complex, T.V.M. Road, Palayamkottai Post, Tirunelveli-627 002. 7. The Commissioner, Nagercoil Corporation, Nagercoil, Kanyakumari District. 5/6 https://www.mhc.tn.gov.in/judis W.A(MD)No.536 of 2026 N.SATHISH KUMAR ,J. and M.JOTHIRAMAN,J. am ORDER MADE IN W.A(MD)No.536 of 2026 DATED : 17.04.2026 6/6 https://www.mhc.tn.gov.in/judis