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W.P(MD)No.36881 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.12.2025

CORAM

THE HONOURABLE MS.JUSTICE R.POORNIMA

W.P(MD)No.36881 of 2025

and

W.M.P(MD)Nos.29335 & 29336 of 2025

Dr.S.Muhammed Afzal ... Petitioner

Vs.

1.The Tamil Nadu Wakf Board,

Represented by its

Chief Executive Officer,

No.1, Jaffer Syrang Street,

Vallal Seethakathi Nagar,

Chennai.

2.The Superintendent of Wakfs,

Office of the Superintendent of Wakfs,

No.51/80, KAP Campus,

Soolavanigarpuram,

Thiruvananthapuram,

Palayamkottai,

Tirunelveli. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Certiorarified Mandamus to call for

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W.P(MD)No.36881 of 2025

the records pertaining to the file of the second respondent and quash the

impunged Announcement of election no.4 dated 11.12.2025 issued by the

second respondent and consequently pass an order for conducting of the

election to the ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath)

strictly in accordance with the scheme dated 19.12.2014.

For Petitioner : Mr.M.Mohamed Ikbal

For Respondents : Mr.D.S.Haroon Rasheed

ORDER

This Writ Petition has been filed challenging the impunged

announcement of election no.4 dated 11.12.2025 issued by the second

respondent and seeking consequential direction to conduct the election to

the ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath) strictly in

accordance with the scheme dated 19.12.2014.

2.The learned counsel appearing for the petitioner submits that

Resolution No.19/14 in Na.Ka.No.172228/09/1/5 dated 29.01.2014 was

published in the Government Gazette Notification No.30 dated

06.08.2014 by the first respondent. The scheme categorically stipulates

restricted membership of the Jamath. The structure and orientation of the

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W.P(MD)No.36881 of 2025

Jamath under the scheme expressly protect the membership of the

ULSMT (Uthuman Lebbai Sahib Muslim Trust Jamath), restricting it to

native persons following the traditional Sunnathul Jamath Shafi dictum.

Therefore, any change or casual inclusion of members in contravention

of the scheme would be illegal. The election to the Jamath administration

could not be conducted for a long period due to various reasons, and

consequently, the first respondent took over the administration of the

ULSMT Jamath.

3.The learned counsel for the petitioner further submits that the list

of 178 members newly admitted by the respondents includes about 118

legitimate children of existing Jamath members, who are eligible for

membership in accordance with the scheme. However, the remaining 46

members belong to other Jamaths following Islamic doctrines other than

the dictum of Imam Shafi. The inclusion of these 46 members into the

Jamath is not only against the tone and tenor of the scheme and the

general rules but also against the customary practices that is being

scrupulously followed by the petitioner’s Jamath. Among the 46 persons,

27 already belong to other Jamaths and have married according to their

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W.P(MD)No.36881 of 2025

own customs. He further submits that elections to the Jamath must be

conducted strictly in accordance with the scheme, particularly Point No.

15, which governs the admission of new members. If any amendment to

the scheme is found necessary, the prescribed procedure requires

convening an emergency general body meeting, for which a requisition

must be signed by at least 50 general body members of the Jamath.

Contrary to this procedure, the respondents have ordered the inclusion of

178 members. Out of them, 27 are members and office-bearers of other

Jamaths, who do not participate in congregational Jumma prayers in the

petitioner’s Jamath and have never made any donations thereto. Such

inclusion, according to the petitioner, is illegal.

4.The respondents have decla