IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Dargah Hazarath Syed Sha Murthuza Pasha Khadri and Asar - E-Shareef, Rep.by its Muthawalli, Syed Fazlullah Khadri, Having office at No.12/186, Big Street, Triplicane, Chennai-600 005.

..Petitioner Vs

1. The Tamilnadu Waqf Board, Rep.by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakadhi Nagar, Chennai-600 001.

2. The Commissioner of Police, The Office of Commissioner of Police, Veperi, Chennai.

3. The Assistant Commissioner of Police, Office of Assistant Commissioner of Police, D-1 Police station, Chennai.

4. The Inspector of Police, D-1 Police station, Wallajah Road, Chennai.

5. Syed Walliyullah S/o.S.A.Khadri, No.15/31, Big Street, Triplicane, Chennai-5.

..Respondent(s)

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to provide adequate police protection to conduct Sandal and Urus to the petitioner Waqf situated at No.12/186, Big Street, Triplicane, Chennai for a period of 2 days commencing from 16.02.2026, 17.02.2026 and 18.02.2026 (27th 28th and 29th day of Shaban, eight month of Islamic Hijiri Calendar) by restraining the 5th respondent, their men, agent or whomsoever from causing any hindrance by considering the representation dated 28.01.2026. For Petitioner : Mr.A.Ajimath Begum For Respondents : Mr.S.Haja Mohideen Gisthi for R-1 Mr.K.M.D.Muhilan, Additional Public Prosecutor for R2 to R4 Mr.N.A.Nassir Hussain for R-5

ORDER

This Writ Petition has been filed for a direction, directing the respondents

1 to 3 to provide adequate police protection to conduct Sandal and Urus to the petitioner Waqf situated at No.12/186, Big Street, Triplicane, Chennai for a period of 3 days from 16.02.2026 to 18.02.2026 (27th 28th and 29th day of Shaban, eighth month of Islamic Hijiri Calendar) by restraining the 5th respondent, their men, agent or whomsoever from causing any hindrance by considering the representation dated 28.01.2026.

2. The petitioner's Wakf is registered under Tamil Nadu Wakf Board.

The appointment of Muthavalli for the petitioner's Wakf Dargah (hereinafter referred to as "Dargah") is hereditary in nature. While so, the Tamil Nadu Wakf Board has recognized the petitioner as joint Hereditary Muthavalli for the Dargah by way of its Wakf Board Resolution dated 23.01.2024. Accordingly, the Chief Executive Officer, Tamil Nadu Wakf Board, viz., the first respondent herein, passed an order dated 16.02.2024, thereby recognizing the petitioner as the Joint Hereditary Muthavalli for the Dargah viz., Hazarath Syed Sha Murthuza Pazha Khadri & Asar -e- Shareef situated at Door No.12/186, Big Street, Triplicane, Chennai-600 005. Thereafter, the petitioner has been managing and carrying out the day-to-day affairs of the Dargah.

3. Now, the Sandal & Urus (Kanduri) and other religious ceremonies for the Dargah are to be conducted on 16.02.2026 and the petitioner has submitted a representation before the respondents 2 to 4 seeking police protection, as the fifth respondent has challenged the petitioner's appointment as Muthavalli for the Dargah in O.A.No.12 of 2024 before the Wakf Tribunal, seeking a declaration that the resolution passed by the Tamil Nadu Wakf Board on 23.01.2024 and the consequential order passed by the first respondent on 16.02.2024 are null and void. The fifth respondent has also sought an order of interim injunction. However, without any order of interim injunction, the matter is still pending with the Tamil Nadu Wakf Board, Chennai. Despite this, the fifth respondent has attempted to interfere with the administration and management of the petitioner as Muthavalli. The petitioner has also filed an application in O.A.No. 2 of 2025 in I.A.No.25 of 2025 before the Tamil Nadu Wakf Tribunal, seeking injunction restraining the fifth respondent herein from disturbing the peaceful celebration of Sandal and Urus festival o