IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

W.P.No.26402 of 2021

and

W.M.P.Nos.27861 of 2021

and

W.M.P.Nos.2971 & 2976 of 2022

Syed Mazhar Hussain

.. 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 Chairman,

The Tamil Nadu Wakf Board,

No.1, Jaffer Syrang Street,

Vallal Seethakathi Nagar,

Chennai 1.

3. The Election Officer/Superintendent of Wakfs,

Chennai Zone,

No.139, Dr.Besant Road,

Ice House, Triplicane,

Chennai – 5.

4. The Executive Officer/Chennai Wakf Superintendent,

No.139, Dr.Besant Road,

Ice House, Triplicane,

Chennai 5.

5.Syed Kasim Sakaaf

6.Syed Ajaz Ahmed

7.H.W.Shanaaz

8.H.Mohammed Sajath

9.H.Gayaz Ali

10.Mubeena Aamina

11.Haseena Bi

12.Syeda Ghousia Begum

https://hcservices.ecourts.gov.in/hcservices/

13.Showkath Jahan

14.Syed Latheef

15.G.M.Syed Fasi Mohammed

16.Shabana Ayesha

17.Fathima Begum

18.Syed Thula Basha

19.S.A.Rahman

20.Syed Faizullah

21.Syed Akthar Hussain

.. Respondents

Prayer: Writ Petition is filed under Article 226 of the

Constitution of India, praying for issuance of a Writ of

Certiorari, calling for the records of the 1^st respondent dated

03.12.2021 in Proc.No.619/99/B9/Chen pursuant to the resolution

of the Wakf Board dated 28.10.2021 and quash the same.

For Petitioner : Mr.N.A.Nissar Ahamed

for M/s.Mohamed Rafi

For RR1 & 2

: Mr.C.Shankar

(Standing Counsel for Wakf Board)

For RR5 to 8,

11 & 13

: Mr.A.Muthukumar

For R9

: Mr.Jayesh B.Dolia

for M/s.Aiyar and Dolia

For R10

: Mr.N.A.Nassir Hussain

For RR3, 4 & 12

: No appearance

For RR14 to 21

: Mr.M.K.Hidayathullah

O R D E R

This Writ Petition is filed by the petitioner challenging

the proceedings of the 1^st respondent dated 03.12.2021 made in

Proc.No.619/99/B9/Chen, pursuant to the resolution of the Wakf

Board dated 28.10.2021.

2.The Dadashamakkan Wakf, Perambur, Chennai is a registered

and notified Wakf governed by a scheme framed by the Wakf Board.

As per the scheme, the Wakf shall be managed by an Executive

Committee elected once in three years by the Beneficiaries. As

per Clause 9 of the Bye-laws, Selection/Election of Office

Bearers will be within 7 branches and each branch will

https://hcservices.ecourts.gov.in/hcservices/

select/elect 2 members from their respective branch only.

Elected 14 members are entitled to select/elect the Office

Bearers in the presence of Wakf Board officials with prior

permission of the Tamil Nadu Wakf Board. The members of the

committee will be appointed in the presence of Wakf Board

official at a meeting of beneficiaries of the Wakf, by the

resolution of the majority of the members present and entitled

to vote. On 03.10.2021, elections were conducted by the 3^rd

respondent as per the Bye-Laws. Some of the candidates produced

alleged consent letters of the beneficiaries to have proposed

their names. The said beneficiaries were not present on the

election date before the Election Officer. The Election Officer

declined to accept the consent letters, as the same were not in

consonance with Clause 9 and 12 of the Bye-Laws. The 2^nd

respondent orally instructed the 3^rd respondent not to declare

the results on 03.10.2021. The successful candidates, on coming

to know of the same, approached the 1^st respondent. The 1^st

respondent directed the 3^rd respondent to declare the results as

per law and not to withhold the results. In pursuant to the

direction of the 1^st respondent, the 3^rd respondent declared the

results on 08.10.2021. After following the procedure, 14 members

were elected. The Office Bearers were also elected. The

petitioner was elected as a Treasurer. While so, the 1^st

respondent, by the impugned proceedin