K.Anwar Basha v. The Tamilnadu Waqf Board

O R D E R This Writ Petition is filed for a Mandamus directing the

respondents 1 and 2 to initiate action on the petitioner's representation dated 17.02.2024 and implement and enforce the order of the second respondent dated 30.03.2023 made in Proc.No.10557/06/B6/CHN, in accordance with law.

¶2The petitioner being an interested person in the Waqf submitted a complaint to the second respondent on 02.12.2022 requesting to take action against the erring Members of the Committee. After hearing both sides elaborately, the second respondent found that the Committee was functioning on their own without any control and even the Constitution and the change in the committee of Management was not notified to the Page No.2 Waqf Board. Therefore, the second respondent, by order dated 30.03.2023, rightly directed that the Management Committee shall look after the day-to-day administration of the Waqf and it shall not take any policy decisions without written permission from the Tamil Nadu Waqf Board and the matter was referred to the first respondent for consideration and orders. However, the said order dated 30.03.2023 was not implemented and therefore, the petitioner has sent a representation dated 17.02.2024 to the respondents 1 and 2 requesting them to look into the matter and take appropriate actions at the earliest. Hence, the present writ petition has been filed.

¶3When the matter is taken up for hearing today, the learned counsel appearing for the third respondent submits that as against the order dated

30.03.2023, already the third respondent has filed a suit in O.A.No.89 of 2023 before the Tamil Nadu Waqf Tribunal, Chennai, and hence, this Court may grant liberty to the petitioner to canvass all the points raised in this writ petition before the Waqf Tribunal. Page No.3

¶4Heard the learned counsel for the parties and perused the materials.

¶5In view of the submission made by the learned counsel appearing for the third respondent, this Court without going into the merits, permits the petitioner to canvass all the points raised in this writ petition before the Tamil Nadu Waqf Tribunal, Chennai, where the third respondent has filed a suit in O.A.No.89 of 2023 against the order dated 30.03.2023.

¶6Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

10.03.2026 Index ; Yet No Internet: Yes / No SSB Page No.4 To

1.The Tamil Nadu Waqf Board, Represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.The Ameerunnisa Begum Sahiba's Endowments, Represented by its President, No.165/76, Bharathi Salai, Triplicane, Chennai-600 005. Page No.5 M.DHANDAPANI, J., SSB

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2026 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Anwar Basha ... Petitioner Versus 1.The Tamil Nadu Waqf Board, Represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001. 2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001. 3.The Ameerunnisa Begum Sahiba's Endowments, Represented by its President, No.165/76, Bharathi Salai, Triplicane, Chennai-600 005. ..... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to initiate action in the petitioner's representation dated 17.02.2024 Page No.1 and to implement and enforce the order of the second respondent dated 30.03.2023 made in Proc.No.10557/06/B6/CHN, in accordance with law. For Petitioner : Mr.T.A.Shagul Hameed For Respondents : Mr.S.Haja Mohideen Gisthi Standing Counsel for R1 and R2 Ms.I.Kowser Nissal for R3