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2026 Supreme(Online)(Mad) 47001

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Syed Ali – Appellant
Versus
Tamil Nadu Waqf Board – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Ajimath Begum
For the Respondents: S.A. Ajmalkhan

A Writ of Mandamus may be issued to direct a statutory authority to perform its procedural duty of enquiring into and registering properties under the Waqf Act within a specified timeframe.

Headnote:The petitioner filed a writ petition seeking a Writ of Mandamus to compel the statutory body to register specific land parcels as Waqf properties under Section 36 of the Waqf Act, 1995. The petitioner contended that prior enquiries established the necessity of such registration, which had yet to be fulfilled. The Court, upon hearing both parties, determined that the respondent should be directed to conduct an enquiry after issuing notice to interested parties before passing a final order. The primary issue presented was whether the respondent board is under a legal mandate to register the subject properties as Waqf properties following previous inquiries. The Court observed that since the respondent consented to conducting a fresh enquiry, the matter did not require deeper adjudication on merits but rather a procedural direction to ensure statutory compliance within a reasonable timeframe. The writ petition is disposed of with a direction to complete the enquiry and pass appropriate orders within three months.

Table of Content
1. petitioner seeks judicial intervention for property registration under statutory provisions. (Para 1 , 2)
2. court directs the respondent to conduct a statutory enquiry within a fixed timeframe. (Para 3 , 4)

ORDER

The writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondent to register the properties comprised in Survey No.170, situated at Chathrapatti Village, Sattur Taluk, Virudhunagar District, and the other properties mentioned in the prayer, as Waqf properties under Section 36 of the Waqf Act, 1995.

2. The learned counsel for the petitioner submitted that a detailed enquiry had already been conducted and that even the persons in management and possession of the properties had been directed to register the same as Waqf properties. Despite the earlier proceedings and directions, the Waqf Board has not yet taken steps to register the properties as Waqf properties.

3. When the matter was taken up for hearing, the learned Standing Counsel appearing for the Waqf Board submitted that, if reasonable time is granted, the Board would conduct an enquiry and pass appropriate orders in accordance with law. It was further submitted that, if upon such enquiry, the properties are found to be Waqf properties, necessary steps would be taken to register them as such.

4. Recording the submission made on behalf of the Waqf Board that an enquiry will be conducted after issuing notice to all interested parties and that appropriate orders regarding the registration of the properties will be passed in accordance with law, this writ petition is disposed of. The aforesaid exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. No costs.

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