IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.11.2023 CORAM THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31083 of 2023 and W.M.P. No. 30713 of 2023 Thufail Ahmed P.M. … Petitioner -vs-

1. The Tamil Nadu Wakf Board Rep. By its Chief Executive Officer No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai – 1.

2. The Election Officer /Superintendent of Wakfs Vellore Circle, Office of the Superintendent of Wakfs Vellore.

3. Abdul Azeez

4. Abubakkar Uzair Ahmed 5. Abubakkar Azad Ahmed

6. Peer Mohammed Faizur Rahman

7. Alathoor Zuhair Ahmed

8. Peer Mohammed Abdul Muqeeth

9. Peer Syed Abdul Bari

10. Nariyam Mohammed Rafi

11. Ashfaq Ahmed

12. Aukoor Imthiaz Ahmed 13. Aukoor Ashfaq Ahmed

14. Mohammed Ibrahim

15. Azeez Ehthisham

16. Abubakkar Zuhair Ahmed 17. Abubakkar Amjad Ahmed

18. Kaka Shabeer Ahmed

19. Aaliyar Muzaffar Ahamed 20. Nariyam Fazulur Rahman

21. Punnaki Mohammed Hassan

22. Mookanai Mumtaz Ahmed 23. Chundeli Mohammed Alik

24. Peer Syed Muzaffar Ahmed

25. T.Imran Ahmed

26. Aaliyar Saleem Basha

27. Chundeli Irshad Ahmed 28. Nathar Mubeen Ahmed 29. Aaliyar Ameen Ahmed

30. Nathar Hafeezur Rahman

31. Peer Mohammed Faizur Rahman

32. Chittaney Amjed Ahmed 33. Nariyam Fazulur Rahman

34. Aaliyar Amjad Basha

35. Cheri Mohammed Fazil

36. Jaladaikar Irshad Ahmed

37. Palimura Amanullah

38. Peer Mohammed Mohammed Sufainy

39. Shaik Arshad Ahmed

40. Cheri Atheequr Rahman 41. Khateeb Abrarul Hasan

42. Abubakkar Amjed Ahmed

43. Kaka Shabeer Ahmed

44. Vati Niyaz Ahmed

45. Aaliyar Akbar Ahmed

46. Peer Mohammed Khaleel Ahmed

47. Avaram Abdul Hai

48. Aaliyar Zainul Abideen

49. Chembli Mohammed Zaheem

50. Avaram Mohammed Yaser

51. Cheri Khaleel Zia Ur Rahman

52. Korkandi Javeed Ahmed

53. M.Tanveer Ahmed

54. M.K.Asrar Ahmed ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the First Respondent from approving the elections to the said 4 wakfs, viz., the Road Mosque, Madrasa Fathima Girls School, Chinna Masjid and Madrasa – I – Yahayavul Islam and the New Mosque & Madrasa – I – Nasrathul Islam Wakfs which is contrary to proforma report /register of Wakfs maintained by the Wakf Board under Section 36 & 37 of the Wakf Act, 1995, and consequently direct the respondents 1 and 2 to conduct elections as per the proforma report and directions of this Hon'ble Court in W.P. No. 25077 of 2015 and 23671 of 2018 by order dated 16.06.2023.

For Petitioner : Mr. N.A.Nassir Hussain For Respondents : Mr. G.Mohamed Aseef, Standing Counsel (for R1 & R2)

Mr. Damodaran (for R3 to 10 & 16)

Mr. Adithya Veradarajan (for R19 to 27, 39, 31 to 34, 36 to 39, 42 to 51)

O R D E R

Heard Mr. N.A.Nassir Hussain, Learned Counsel for the Petitioner, Mr. G.Mohamed Aseef, Learned Standing Counsel appearing for the First and Second Respondents, Mr. Damodaran, Learned Counsel for the Third to Tenth and Sixteenth Respondents and Mr. Adithya Veradarajan, Learned Counsel for the Nineteenth to Twenty Seventh Respondents, Twenty Ninth, Thirty First to Thirty Fourth, Thirty Sixth to Thirty Ninth and Forty Second to Fifty First Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. When it was pointed out that the Petitioner has got an effective alternative remedy to seek the relief sought in this Writ Petition by filing an application under Section 83 of the Waqf Act, 1995, before the Waqf Tribunal, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record.

3. Since the interim order had been granted by this Court on 26.10.2023, it shall continue to be in force till 15.02.2024. It is also made clear that the Waqf Board is not precluded from framing a scheme for the administration of the Waqf including the method of election to be followed in that Waqf under Section 69 of the Act, uninfluenced and uninhibited by the pendency of any ch