Masjid E Khudhus Waqf v. The Tamilnadu Waqf Board

ORDER This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the petitioner and the learned counsel for the respondents 1 & 2.

¶2This writ petition is filed for a prayer to protect the Masjid-e-Khudhus waqf property in T.S.No.4(part), Ward D, Block No.14, Manali Road, Thiruvottiyur by considering the representation of the petitioner dated 17.12.2025.

¶3Upon hearing the learned counsel for the petitioner and perusing the affidavit and other material records of the case, the grievance of the petitioner is that the said Masjid-e-Khudhus waqf is a Kabarasthan being administered traditionally by Jamathars. While so, a new Association is registered and are trying to usurp the Waqf itself. Therefore, the petitioner has made a representation.

¶4Per contra, the learned counsel appearing for the respondents 1 and 2 would submit that already enquiry has been initiated and the same will be conducted in accordance with law.

¶5In view thereof, this writ petition is disposed of on the following terms:

(i) Let the enquiry with reference to the affairs of the waqf namely, Masjid-e-Khudhus waqf situated in T.S.No.4(part), Ward D, Block No.14, Manali Road, Thiruvottiyur be conducted by the 1st and 2nd respondents in accordance with law and due opportunity to the petitioner shall also be granted to appear before them and submit all his records in his possession and bring to notice any other fact and the Authorities shall also hear all the parties interested and take a decision in accordance with law.

(ii) The said exercise shall be completed as expeditiously as possible, in any event, not later than four (4) months from the date of receipt of a web copy of the order.

(iii) No costs. 29-01-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

¶1The Tamilnadu Waqf Board Rep by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001. ‍

2.The Inspector of Waqf Poonamallee Zone, Waqf Superintendent Office, Poonamallee Periya Pallivasal Complex, Poonamalleee 600 056. ‍ D.BHARATHA CHAKRAVARTHY J. jd WP No. 2578 of 2026

29-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-01-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No. 2578 of 2026 Masjid-E-Khudhus Waqf Rep by its President S.Bhasheer Ahmed, No.270-A,Thiruvottiyur High Road, Thiruvottiyur, Chennai 600 019. Petitioner(s) Vs 1. The Tamilnadu Waqf Board Rep by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001. 2.The Inspector of Waqf Poonamallee Zone, Waqf Superintendent Office, Poonamallee Periya Pallivasal Complex, Poonamalleee 600 056. 3.S.Deen President, Thiruvottiyur Islamiyar Kabarasthan Sangam, No.702A, Sri Nagar, T.H.Road, Thiruvottiyur, Chennai 600 019. 4.K.Iliyas Vice President, Thiruvottiyur Islamiyar kabarasthan Sangam, No.41/19, Nadabai Garden, Thiruvottiyur, Chennai 600 019. Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 1st respondent to take action against the 3rd and 4th respondent under the provision of Waqf Act 1995 in order to protect the Masjid-e-Khudhus waqf property in T.s.No.4(part), Ward D, Block No.14, Manali Road, Thiruvottiyur by considering the representation dated 17.12.2025 within a period of stipulated time. For Petitioner(s): Ms.A.Ajimath Begum For Respondents: Mr.Fakkir Mohideen for R1 & R2