Gulam Hussain v. The Tamil Nadu Waqf Board

O R D E R Heard both sides.

¶2One Syed Ibrahim filed W.P.(MD)No.19618 of 2023. The 3 W.P.(MD)NO.32313 OF 2025 prayer in the writ petition was as follows:- " Writ petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 herein to conduct enquiry and take necessary action against the misappropriation to the tune of Rs.25 Lakhs committed by respondents 6 and 7 herein as pointed out by the fourth respondent audit report as audit objections for the years 2000 to 2017 based on the petitioner's representation dated 15.07.2023 within stipulated time fixed by this Court." Pursuant to the said direction, the Waqf Board passed the resolution on 26.06.2025. The relevant portion of the said resolution is as follows:- "21. [dhg;.S.iraj; ,g;uh`Pk; nfhLj;j

17.03.2023 Gfhhpd; Nghpy; Vw;fdNt thhpak; rk;ge;jg;gl;l Gfhh;jhuh; [dhg;.S.iraj; ,g;uh`Pk; mth;fisAk; me;j Gfhhpy; nfhLf;fg;gl;l vjph;kDjhuh; [dhg;.G.ghrpy; gh\h kw;Wk; [dhg;.ghG [hd; MfpNahiu thhpaj;jpy; tprhhpj;J me;j Gfhhpy; fz;Ls;s Fw;wr;rhl;Lf;fspd; mbg;gilapy; vjph;kDjhuh;fs; jhf;fy; nra;j fzf;F tof;F Mtzq;fs; midj;Jk; KiwNa KJepiy fzf;F mYtyh; mth;fSf;F mDg;gp 4 W.P.(MD)NO.32313 OF 2025 KiwNa Ma;T nra;J thhpaj;jpy; jhf;fy; nra;AkhW

cj;jutplg;gl;Ls;sJ.

me;j mwpf;ifapd; kPJ ,e;j Gfhh; rk;ge;jkhf jdp tprhuiz vLj;Jf;nfhs;sg;gLk; vd thhpak; jPh;khdpf;fpwJ."

¶3It is the duty of the Waqf Board to enforce its own resolution. Report has to be obtained from the Senior Accounts Officer. It is stated by the learned Standing counsel that within two weeks, such report will be obtained. As and when the Waqf Board is duly constituted, it is for the Waqf Board to take a call in the matter. I make it clear that issuance of the aforesaid direction does not in any way mean that I have endorsed the stand of the writ petitioner. All the contentions of the private respondents are left open. This writ petition stands disposed of accordingly. No costs.

17.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 5 W.P.(MD)NO.32313 OF 2025 To: The Assistant Director, Audit and Account Department, 6/1, Bangajam Colony, 4th Cross Street, Madurai. 6 W.P.(MD)NO.32313 OF 2025 G.R.SWAMINATHAN,J. PMU W.P.(MD)No.32313 of 2025

17.11.2025

1 W.P.(MD)NO.32313 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32313 of 2025 Gulam Hussain ... Petitioner Vs. 1. The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai. 2. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai. 3. The Superintendent of Waqf, Mosque Building 2nd Floor, No.1, Town Hall Road, Madurai. 4. The Assistant Director, Audit and Account Department, 6/1, Bangajam Colony, 4th Cross Street, Madurai. 5. Hasarath Syed Sulthan Alavudeen Avuliya, Tharga and Pallivasal, Goripalayam, Madurai. 2 W.P.(MD)NO.32313 OF 2025 6. Fazil Batcha 7. Syed Babujan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 4 and 5 herein to implement the resolution of the second respondent in Na.Ka.No.14447/10/Aa8/Madurai dated 26.06.2025, 4th respondent to investigate and send the report to the respondents 1 to 3 to take necessary action against the misappropriation committed by respondents 6 and 7 based on the petitioner's representation dated 31.05.2025 within the time stipulated by this Court. For Petitioner : Ms.A.Banumathy For Respondents : Mr.M.Lingadurai, Special Government Pleader for R-4. Mr.D.S.Haroon Rasheed for R-1 to R-3. Mr.M.Mahaboob Athiff for R-5. * * *