IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI W.P. No.35714 of 2024 and WMP. No. 38570 of 2024

1.A.Kasali 2.R.Saleem 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 Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai -1.

3.The Superintendent of Wakfs, Chennai Zone, 139, Dr.Besant Road, Triplicane, Chennai.

4. The Managing Committee, Adyar Khuraisani Peer Mosque and Dargah Wakf, Adyar, Chennai.

Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records of the 1^st respondent dated 03.07.2024 in Na Ka No.12714/10/B6/Chennai in item No.173/24 and serial No.18 and consequential proceedings of the 2^nd respondent dated 25/7/24 in Se.Mu.Order 12714/10/B6/Chennai and quash the same and consequently, direct the 1^st respondent to conduct elections to the Khuraisani Peer Dargah and Paapanchavadi Mosque as sought vide representation dated 12.07.2024.

For Petitioner : Mr.N.A.Nassir Hussain For Respondents : Mr.Mohammed Fayaz Ali, Standing Counsel for R1 to R3 Mr.Y.Kaja Navas for R4

ORDER

The petitioner has filed this Writ Petition to quash the proceedings of the 1^st respondent dated 03.07.2024 in Na Ka No.12714/10/B6/Chennai, in item No.173/24 and serial No.18 and consequential proceedings of the 2^nd respondent dated 25/7/24 in Se.Mu.Order 12714/10/B6/Chennai and to direct the 1^st respondent to conduct elections to the Khuraisani Peer Dargah and Paapanchavadi Mosque as sought, vide representation dated

12.07.2024.

2. Heard Mr.N.A.Nassir Hussain, learned counsel for the petitioner and Mr.Mohammed Fayaz Ali, learned Standing Counsel for R1 to R3 and Mr.Y.Kaja Navas, learned counsel for the 4^th respondent.

3. The case of the writ petitioner is that there is a Scheme governing the Dargah viz, Khuraisani Peer Dargah and Paapanchavadi Mosque. The Scheme was framed by this Court in C.S. No.94 of 1974 on 07.04.1978, which was subsequently modified by the Waqf Board by proceedings dated 27.06.2001. In terms of the said Scheme, elections were being held for the Managing Committee of the Waqf and the last elections were conducted in 2017 and the term of the Managing Committee expired even as early as on

12.01.2024.

4. The grievance of the writ petitioner is that despite the tenure having expired in January 2024, no steps have been taken by the Board to conduct fresh elections in accordance with the Scheme. It is also the grievance of the petitioner that the tenure of the existing Committee was extended by further six months and even the said period has now lapsed and inspite of the same, no steps have been taken.

5. The learned counsel appearing for the respondent Board and the second and third respondents, would submit that there is no impediment for the elections being held, however since the Board is not constituted as on date, matters are getting delayed. They would also state that the request for amendment of the Scheme, which has been proposed by the members of the Waqf is independent of the elections being conducted in terms of the Scheme.

6. In the counter affidavit filed by the 4^th respondent has also set out the infirmities which according to the 4^th respondent will have to be addressed even before the elections are held. He would also rely on the orders passed by this Court in W.P.11437 of 2024 of in M.Bilal Ahmed Vs. Tamil Nadu Waqf Board and others order, dated 25.04.2024, where the petitioner's request for amendment of the Scheme given on 19.12.2023 was directed to be disposed of, by this Court, within a period of twelve weeks. It is therefore the contention of Mr.Kaja Navas, learned counsel for the 4^th respondent that the elections can wait, so that suitable and necessary amendments can be carried out and proper elections can thereafter be