Court mandates timely resolution of complaints under Waqf Act, ensuring adherence to procedural requirements in fiduciary matters.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.No.42453 of 2025 Nawab Abdul Nabi Khan Masjid Wakf Represented by its Hereditary Muthavalli Mr.Muhammed Ubaidullah S/o.Kadhar Lal Khan Street, Chidambaram Cuddalore District 608 001 ... 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 Wakf Cuddalore Range No.512, Gandhi Salai Panrudi, Cuddalore District

4.The Sub Divisional Executive Magistrate cum Sub Collector Cuddalore District Collectorate Building Cuddalore ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 4th respondent to take immediate action under Section 68 of the Waqf Act, 1995 to secure delivery of charge, records, accounts and properties of Nawab Abdul Nabi Khan Masjid Wakf, Chidambaram and handover the same to the petitioner Wakf by considering the petitioner's application dated 09.09.2025 within a time frame fixed by this Court.

For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.Abdul Mubeen - R1 to R3 ORDER Heard the counsel for the petitioner and Mr.Abul Mubeen, the learned counsel appearing for the respondents 1 to 3.

2.Considering the limited relief sought for in the Writ Petition, with the consent of the counsel on both sides, the Writ Petition is taken up for final disposal.

3.The petitioner has been appointed as the Muthavalli of Nawab Abdul Nabi Khan Masjid Wakf, Chidambaram, vide Resolution of the 1st respondent / Waqf Board, and which order came to be communicated to the petitioner by the 2nd respondent / C.E.O. on 22.05.2025.

4.The grievance of the petitioner is that upon assumption of the post, the petitioner came to know that several irregularities were committed and there has been misappropriation of Waqf funds. The petitioner also complains that the earlier self styled committee is responsible for all these activities, and therefore the petitioner has given an application to the 4th respondent on 09.09.2025 under Section 68 of the Waqf Act, 1995, to take immediate action.

5.Mr.Abdul Mubeen, the learned counsel appearing for the respondents 1 to 3 submits that the 4th respondent is the competent authority to take action in respect of any complaint made under Section 68 of the Waqf Act, and the same has been brought to the notice of the 4th respondent.

6.Considering the fact that the petitioner's representation dated

09.09.2025 under Section 68 (1) of the Waqf Act, is pending without any further orders, the 4th respondent is hereby directed to dispose of the application of the petitioner made under Section 68(2) of the Waqf Act, on merits and in accordance with law, after affording an opportunity to the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order.

P.B. BALAJI, J.

kas

7.In the result, this Writ Petition stands disposed of. No costs.