BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Haji M.Nainar Mohamed ... Petitioner Vs

1. The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01.

2. Sharbudeen, Mutawalli, Muslim Jamath Pallivasal Waqf, Peraiyur, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1^st respondent to pass orders on the petitioner's representation dated 24.07.2025 seeking to take direct management of the Muslim Jamath Peraiyur Waqf, (GS No.

395/MDU), within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.K.K.Senthil for R1 Mr.E.Mohammed Abbas for R2

O R D E R

This Writ Petition is filed seeking a direction as against the the 1^st respondent to pass orders on the petitioner's representation dated 24.07.2025 seeking to take direct management of the Muslim Jamath Peraiyur Waqf, (GS No.395/MDU), within the time that may be stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a member of the “Peraiyur Muslim Jamath Pallivasal Waqf” (hereinafter referred to as “the said waqf”) and the 2^nd respondent is the Mutawalli of the said waqf. He would further submit that the second respondent had illegaly alienated and mismanaged the funds of the said waqf and therefore, show cause notice has been issued against the 2^nd respondent. Though the show cause notice was issued as early as on 14.11.20223, no enquiry had been taken. In such circumstances, the tenure of the 2^nd respondent as Mutawalli would come to an end 21.03.2026. Even the tenure of the second respondent would come to an end on 21.03.2026, no steps have been taken to elect the new set of office bearers. In such circumstances, the second respondent would continue as Mutawalli. Therefore, the petitioner has made a representation on 24.07.2025, seeking to take direct management of the Muslim Jamath Peraiyur Waqf. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition.

4. The learned counsel appearing for the first respondent Board would submit that election will be conducted well before the completion of the tenure of the second respondent. The second respondent and petitioner are also agreed for the same.

5. Considering the facts and circumstances of the case, this Court is of the view that though this Writ Petition is premature in nature, since all the parties are agreed to conduct election for the said waqf by the first respondent before the expiry of the tenure of the second respondent ie., on 21.03.2026, this Writ Petition is disposed of with a direction to the first respondent to conduct election for the said waqf, before the expiry of the tenure of the second respondent ie., on 21.03.2026, so as to enable the new office bearers to take charge. In the event, if the Jamath is inclined to select the Mutawalli and other office bearers, it is up to them to select the Mutawalli and other office bearers. Otherwise election is necessary. In such cases, the first respondent Board is directed to appoint one Board member as observer to observe the entire selection process.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

08.01.2026 Index : Yes/No Neutral Citation: Yes/No vsm To The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 01.

KRISHNAN RAMASAMY, J.

vsm

08.01.2026