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2026 Supreme(Online)(Mad) 10393

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY
MASJID E MUBARAK – Appellant
Versus
THE CHAIRMAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2026 CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY MasJid-E. Mubarak, Registered Wakf, Registered under the Tamil Nadu Wakf Act, 1995, Represented by its President, Mohammed Unis, .. Petitioner Versus

1. The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

2. The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

3. The Superintendent of Tamil Nadu Waqf Board, No.8, Bhagadoorsha Mosque, Arani Road, Vellore, Ranipet district. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to consider the petitioner’s representation, dated 02.02.2026 for permitting the petitioner to conduct the Ramalan Festival with full support and kind co-operation for conducting the festival in a peaceful manner without any disturbance and hindrance from the unauthorized person.

For Petitioner : Mr.V.Nithyanandam For Respondents : Mr.Rajeswari Karthikeyan, Standing Counsel

ORDER

This Writ Petition is filed directing the respondents to consider the representation, dated 02.02.2026 for permitting the petitioner to conduct the Ramalan festival with full support and kind co-operation in a peaceful manner without any disturbance or hindrance from any unauthorised person.

2. Upon hearing the learned Counsel for the petitioner and perusing the material records of the case, the petitioner was originally elected as a Muthavalli in the year 2017 and when the three years period was over, the petitioner was continuing as such, however, he has already made a representation to permit him to continue as Muthavalli until the next election is conducted. The petitioner earlier approached this Court to consider his representation, dated 22.05.2025 and to pass orders. By the order, dated 20.06.2025, this Court directed the respondents to consider the representation, dated 22.05.2025 and to take a decision within a period of four weeks therefrom. It is stated that the enquiry is being conducted on the said representation and now, the Wakf Board is not there to pass final orders thereon.

3. In the meanwhile, now, the petitioner has made the present representation to permit him to conduct the Ramalan festival. The learned Standing Counsel for the respondent Wakf Board, submits that when the earlier enquiry, with reference to continuing the petitioner as Muthavalli, is pending, now, the petitioner cannot be permitted to conduct the Ramalan festival alone.

4. When this Court questioned as to who will conduct the Ramalan festival, which is supposed to be from tomorrow (i.e., 18.02.2026), the learned Standing Counsel for the respondent Wakf Board, submits that if directed, they will constitute a volunteer committee also.

5. If the Court has to decide the case on merits after giving due opportunity to the respondents, the matter will become fait accompli, as the festival commences from tomorrow (i.e., on 18.02.2026). Accordingly, in view of the said submissions and in view of the prayer of the petitioner that he was the Muthavalli all along and his representation is also still pending inspite of four weeks direction granted by this Court earlier, this Writ Petition is disposed of on the following terms:-

(i) The third respondent is directed to constitute a committee of eight volunteers to conduct the Ramalan festival. If there is groupism even among the devotees, it shall be ensured that no person, with extremely controversial background, is forming part of the volunteer committee and as far as possible, representation from all groups be given and the volunteer committee be constituted, in which, the petitioner, being the Muthavalli, can also be given preference and be included in the committee;

(ii) Let the committee peacefully, keeping in mind the pious purpose on hand, shall carry out the day to day activities so that due arrangements for breaking the

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