Muzemil Mohamed Ghouse v. State Government of Tamil Nadu

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 1st respondent to dispose of the appeal filed by the petitioner dated 25.05.2026 under section 65(2) of the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act. Page2 of 7

¶2The petitioner states that Mandi Mahalla Jumma Masjid Waqf, Villupuram is a registered Waqf, which has been managed by his father as Trustee for more than 35 years. The Masjid was constructed by the petitioner's father, regular general body meetings were conducted, and the accounts were duly audited with income tax returns being filed. Based on a complaint made by the 5th respondent, the 2nd respondent conducted an enquiry without providing the petitioner or his bedridden father an adequate opportunity of hearing and concluded that the Waqf was being managed unauthorisedly without submission of accounts. Consequently, by proceedings dated 22.10.2025, the Waqf Board assumed direct management under Section 65 of the Waqf Act and appointed the 4th respondent as Executive Officer. Aggrieved by the said order, the petitioner filed the present Writ Petition challenging the assumption of direct management. Subsequently, though the petitioner preferred a statutory appeal pursuant to the order of this Court dated 20.05.2026 passed in W.P.No.19986 of 2026 filed by the petitioner, no action has been taken thereon, necessitating the present Writ Petition seeking appropriate relief. Page3 of 7

¶3The petitioner contends that the management of the subject Waqf has not, in fact, been taken over by the Waqf Board. Therefore, the petitioner seeks an interim order directing maintenance of status quo till the disposal of the statutory appeal.

¶4On the other hand, the learned counsel appearing for the 5th respondent submitted that the Waqf Board has already assumed direct management of the Waqf.

¶5This Court also notes that the 5th respondent, who is merely the complainant, has advanced submissions virtually on behalf of the Waqf Board and has assumed the role of the authority which passed the impugned order. Such conduct prima facie creates an impression that there may be a degree of collusion between the 5th respondent and the officials of the Waqf Board. However, this Court refrains from expressing any final opinion on the said aspect, as the statutory appeal is yet to be decided. Page4 of 7

¶6Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the first respondent to dispose of the appeal filed by the petitioner dated 25.05.2026 under Section 65(2) of the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, on merits and in accordance with law. Such orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as all necessary parties and affording them an opportunity of a personal hearing.

¶7Till the disposal of the statutory appeal, the management of the subject Waqf shall be handed over to the petitioner.

¶8With the above observation and direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 22-07-2026 Asi Page5 of 7 To

¶1The Secretary, Tamilnadu Backward Classes, Most Back Ward Classes And Minority Welfare Department, Secretariat, Chennai.

¶2The Chairman, Tamilnadu Waqf Board No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 600001.

¶3The Chief Executive Officer Tamilnadu Waqf Board, No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 600001.

¶4The Superintendent Of Waqf/Executive Officer, Cuddalore Zone, Office of the Superintendent Of Wakfs, Cuddalore. Page6 of 7 WPoNo.o28778oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o28778oofo2026 22-07-2026 Page7oofo7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No.31546 of 2026 Muzemil Mohamed Ghouse S/O.M.S.Ismail, President, Mandi Mahalla Jumma Masjid, No.15, Vandimedu, Villupuram Town And Taluk, Villupuram District - 605602. ..Petitioner(s) Vs 1. State Government Of Tamil Nadu Rep. by its Secretary, Tamilnadu Backward Classes, Most Back Ward Classes And Minority Welfare Department, Secretariat, Chennai. 2. The Tamilnadu Waqf Board Rep. By Its Chairman, No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 600001. 3. The Chief Executive Officer Tamilnadu Waqf Board, No.1, Jaffer Syrang Street, Valla Seethakathi Nagar, Chennai - 600001. Page1 of 7 4. The Superintendent Of Waqf/Executive Officer, Cuddalore Zone, Office of the Superintendent of Wakfs, Cuddalore. 5. A.Zakir Hussain S/o.Abubackkar, No.29, Singara Thoppu, Villupuram, Villupuram District - 605602. ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 1st respondent to dispose of my appeal dated 25.05.2026, filed under section 65(2) of The UMEET ACT, 1995 as against the impugned order passed by the 1st respondent in Item No.332/25 vide Na.Ka.No.11650/14/AA10/Vizhu. For Petitioner(s): Ms. A.Ajimath Begum For Respondent(s): Ms.Inthu Karunakaran Government Counsel for R1 Ms.Rajeswari Karthikeyan for R2 to R4 Mr.N.A.Nissar Hussain for R5