IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.A.No.4045 of 2025

1.Mahoob Basha

S/o. Late Habibullah,

No.5/64, Magazine Road,

St.Thomas Mount,

Chennai - 600 016.

2. Niyamathullah

S/o. Late Habibullah,

No.5/64, Magazine Road,

St.Thomas Mount,

Chennai - 600 016.

3. Rahimanullah

S/o. Late Habibullah,

No.5/64, Magazine Road,

St.Thomas Mount,

Chennai - 600 016.

4. Rahimullah

S/o. Late Habibullah,

No.5/64, Magazine Road,

St.Thomas Mount,

Chennai - 600 016.

5. Gayazullah S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount, Chennai - 600 016.

Rep. by their power agent, Y. Akbar Ahamed, S/o. Yousuf Ahamed.

Old No.113, New No.257, Ameer Mahal, Bharathi Salai, Royapettah, Chennai - 600 014.

Appellants Vs

1.The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

3.Shabuddin No.124, Defense Colony, Ekkattuthangal, Chennai - 600 032.

4.Hasan Ambalam No.6/51, Permal Street, Butt Road, St. Thomas Mount, Chennai - 600016.

5.The Chief Executive Officer Cantonment Board Office, St. Thomas Mount, Chennai - 600 016.

Respondents PRAYER : Appeal filed under Clause 15 of the Letters Patent to set aside the order passed by the learned Single Judge in W.P.No.31740 of 2015, dated 23.08.2024.

For Appellants: Mr.A.Ilayaperumal JUDGMENT (Delivered by the Hon'ble Chief Justice)

After having heard learned counsel for the appellants, though we are of the view that the subject matter in respect of which the writ petition is filed is different from that which forms part of S.A.No.1080 of 2001 (Butt Road Jumma Masjid v Mahboob Basha), in view of the provision contained in Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act, 2025, the dispute which has been raised by the writ petitioners/appellants herein is well within the jurisdiction of the Tribunal created under Section 83 of the said Act.

Therefore, in that view of the matter, while modifying the impugned order to the extent indicated above, the result would remain the same.

2. Writ appeal stands dismissed, however, with liberty to the appellants to approach the Tribunal constituted under Section 83 of the said Act. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

06.01.2026 Index : Yes/No Neutral Citation : Yes/No sasi To:

1.The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

3.The Chief Executive Officer Cantonment Board Office, St. Thomas Mount, Chennai - 600 016.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi)

06.01.2026