W.P.(MD) No.327 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.327 of 2026 Haji M.Nainar Mohamed ... Petitioner Vs 1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01. 2. Sharbudeen, Mutawalli, Muslim Jamath Pallivasal Waqf, Peraiyur, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to pass orders on the petitioner's representation dated 24.07.2025 seeking to take direct management of the Muslim Jamath Peraiyur Waqf, (GS No. 395/MDU), within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.K.K.Senthil for R1 Mr.E.Mohammed Abbas for R2 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 O R D E R This Writ Petition is filed seeking a direction as against the the 1st respondent to pass orders on the petitioner's representation dated 24.07.2025 seeking to take direct management of the Muslim Jamath Peraiyur Waqf, (GS No.395/MDU), within the time that may be stipulated by this Court. 2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3. The learned counsel appearing for the petitioner would submit that the petitioner is a member of the “Peraiyur Muslim Jamath Pallivasal Waqf” (hereinafter referred to as “the said waqf”) and the 2nd respondent is the Mutawalli of the said waqf. He would further submit that the second respondent had illegaly alienated and mismanaged the funds of the said waqf and therefore, show cause notice has been issued against the 2nd respondent. Though the show cause notice was issued as early as on 14.11.20223, no enquiry had been taken. In such circumstances, the tenure of the 2nd respondent as Mutawalli would come to an end 21.03.2026. Even the tenure of the second respondent would 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 come to an end on 21.03.2026, no steps have been taken to elect the new set of office bearers. In such circumstances, the second respondent would continue as Mutawalli. Therefore, the petitioner has made a representation on 24.07.2025, seeking to take direct management of the Muslim Jamath Peraiyur Waqf. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition. 4. The learned counsel appearing for the first respondent Board would submit that election will be conducted well before the completion of the tenure of the second respondent. The second respondent and petitioner are also agreed for the same. 5. Considering the facts and circumstances of the case, this Court is of the view that though this Writ Petition is premature in nature, since all the parties are agreed to conduct election for the said waqf by the first respondent before the expiry of the tenure of the second respondent ie., on 21.03.2026, this Writ Petition is disposed of with a direction to the first respondent to conduct election for the said waqf, before the expiry of the tenure of the second respondent ie., on 21.03.2026, so as to enable the new office bearers to take charge. In the 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 event, if the Jamath is inclined to select the Mutawalli and other office bearers, it is up to them to select the Mutawalli and other office bearers. Otherwise election is necessary. In such cases, the first respondent Board is directed to appoint one Board member as observer to observe the entire selection process. 6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 08.01.2026 Index : Yes/No Neutral Citation: Yes/No vsm 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 To The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01. 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 KRISHNAN RAMASAMY, J. vsm W.P.(MD)No.327 of 2026 08.01.2026 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 W.P.(MD)No.327 of 2026 KRISHNAN RAMASAMY, J. This matter is listed today under the caption “for being mentioned” at the instance of the learned counsel appearing for the first respondent. 2. The learned counsel appearing for the first respondent would submit that in the order dated 08.01.2026, this Court directed the first respondent Board to appoint one Board member as observer to observe the entire selection process. However, since the first respondent Waqf Board has been suspended, they are not in a position to appoint any member. Therefore, the Chief Executive Officer may be directed to appoint any officials of the Waqf Board. 3. In view of the same, in the last line of paragraph No.5 of the order dated 08.01.2026 is modified as follows: “In such cases, the Chief Executive Officer is directed to appoint any one of the officials as observer to observe the entire selection process.” 7/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 4. Registry is directed to carry out necessary corrections and issue fresh order copy to the parties. 10.02.2026 vsm 8/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.327 of 2026 KRISHNAN RAMASAMY, J. vsm W.P.(MD)No.327 of 2026 10.02.2026 9/9 https://www.mhc.tn.gov.in/judis