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A.S.Mahaboob Basha v. the Chairman

Madras HC8 Jul 2025WP/24502/2025

Case brief

AI extract

What is this about?

Madras High Court, Writ Petition No.24502 of 2025, decision 08.07.2025, Judge N. Anand Venkatesh. Keywords: Tamil Nadu Wakf Board; appointment of Muthawalli; A. Jalal Sheriff; Resolution 19.11.2024; proceeding 12.05.2025; hereditary muthawalliship restricted to three years; A.A.No.3 of 2020 Waqf Tribunal appeal pending; Tribunal directed to decide within three months; W.P.No.11911 of 2024 Management Committee; Baboo Khan Masjid; Syed Yaseen Awlia Dargah; Article 226 certiorarified mandamus; writ disposed, no costs.

What did the court decide?

No relief against the appointment of the seventh respondent as Muthawalli; direction issued to the Tamil Nadu Waqf Tribunal to dispose of pending appeal A.A.No.3 of 2020 within three (3) months; writ petition disposed of with no costs and connected miscellaneous petition (W.M.P.No.27610 of 2025) closed.

A.S.Mahaboob Basha Vs the Chairman — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appointment of the seventh respondent (A.Jalal Sheriff) as Muthawalli by Resolution dated 19.11.2024 of the first respondent and the consequent proceeding dated 12.05.2025 of the second respondent can be quashed (certiorarified mandamus sought). +2 more

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Court's answer

The tenure of the petitioner's muthawalliship has come to an end as per his initial appointment order dated 05.03.2019; consequently, the official respondents were entitled to take steps to appoint a muthawalli.

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Ratio / Principle

The appointment of the seventh respondent as muthawalli cannot be interfered with by this Court because the petitioner's appeal (A.A.No.3 of 2020) is pending before the Tribunal, and other disputed facts have been raised by the Standing Counsel for the Waqf Board.

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Key takeaways

The question whether the restriction of the petitioner's muthawalliship tenure to three years is sustainable remains to be decided by the Tribunal; the petitioner made no attempt to get the pending appeal disposed of at the earliest.ratio¶45
The constitution of a new Management Committee is an independent issue which the petitioner must agitate in his pending writ petition (W.P.No.11911 of 2024); it is not entertained in this petition.ratio¶45
If the Tribunal ultimately holds that the petitioner's muthawalliship should not have been restricted to three years because it is a hereditary muthawalliship, the subsequent appointment of the muthawalli (seventh respondent) will automatically stand cancelled; until then the appointment stands.

Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Anand Venkatesh, J., 08.07.2025) — Writ Petition No.24502 of 2025 (with W.M.P.No.27610 of 2025). A.S. Mahaboob Basha, grandson of the first proforma Muthawalli (late Rahamathullah Khan, died 1971), who was appointed hereditary muthawalli of Baboo Khan Masjid and Syed Yaseen Awlia Dargah on 05.03.2019 with tenure restricted to three years, challenged the Tamil Nadu Wakf Board's Resolution dated 19.11.2024 and the proceeding dated 12.05.2025 appointing A. Jalal Sheriff as Muthawalli. Holding that the petitioner's tenure had ended, that his appeal A.A.No.3 of 2020 before the Waqf Tribunal remained undecided, and that disputed facts existed, the Court declined to interfere with the new appointment. The constitution of a new Management Committee was treated as an independent issue for the petitioner's pending W.P.No.11911 of 2024. The Tribunal was directed to decide A.A.No.3 of 2020 within three months; if it concludes the hereditary muthawalliship should not be time-limited, the seventh respondent's appointment will automatically stand cancelled. Petition disposed of; no costs; connected miscellaneous petition closed.

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Writ Petition No.24502 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.24502 of 2025 and

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W.M.P.No.27610 of 2025

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A.S.Mahaboob Basha S/o.Abdul Subhan

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... Petitioner

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Vs.

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1.The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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2.The Tamil Nadu Wakf Board, represented by the Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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3.The Superintendent of Waqf, Kancheepuram District, Tamil Nadu Waqf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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4.The Inspector of Waqf, Kancheepuram District, Tamil Nadu Waqf Board, Big Mosque Complex, Poonamallee, Chennai - 600 056.

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5.Baboo Khan Masjid Pallikoodathan Mudali Street, Adisanpettai,

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Chinna Kancheepuram - 631 501.

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6.Syed Yaseen Awlia Dargah No.376, Gandhi Road, Chinna Kancheepuram - 631 501.

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7.A.Jalal Sheriff S/o.Abdullah Khan ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the proceeding br/K/Miz/13610-10-M4fh";rp dated 12.05.2025 of the second respondent and the Resolution dated 19.11.2024 in e/f/vz;/13610-10-M4-fh";rp. ,dk; vz;/23240 issued by the first respondent, quash the same, consequently direct the respondents 1 to 3 from interfering with the peaceful management of the Auqaf by the petitioner.

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For Petitioner : Mr.C.D.Sugumar For Respondents : Mr.Abdul Mubeen Standing Counsel [R1 to R4]

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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O R D E R

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This writ petition has been filed challenging the proceedings of

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the first respondent dated 19.11.2024 appointing the seventh respondent as Muthawalli.

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Heard Mr.C.D.Sugumar, learned counsel for the petitioner

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and Mr.Abdul Mubeen, learned Standing Counsel appearing for respondents 1 to 4.

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The case of the petitioner is that as per the Proforma dated

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06.03.1957, the sanction to the office of the Muthawalli is hereditary by custom. According to the petitioner, the maternal grandfather late Mr.Rahamathullah Khan was the first proforma Muthawalli to both the Aquaf i.e. respondents 5 and 6. The proforma Muthawalli died in the year 1971 and there was no suitable person to administer the respondents 5 and 6. Taking advantage of the same, an attempt was made by some third parties to grab the administration without the sanction or permission of the Waqf Board. The further case of the petitioner is that he is the second son of one of the daughter of the proforma Muthawalli. Therefore, as grandson of the proforma Muthawalli, the petitioner submitted an

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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application in the year 2000 and requested respondents 1 to 3 to appoint him as the hereditary Muthawalli of the Aquaf. The same was not immediately considered and the Aquaf was under the direct management of the Tamil Nadu Waqf Board for nearly 17 years from 2000 to 2019. Ultimately, based on the application submitted by the petitioner on 19.01.2019, the Waqf Board appointed the petitioner as the hereditary muthawalli of respondents 5 and 6. However, his tenure was restricted to three years and the grievance of the petitioner is that the hereditary muthawalliship was converted into a regular muthawalliship.

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Aggrieved by the same, the petitioner filed A.A.No.3 of

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2020 before the Waqf Tribunal, Chennai and the said appeal is pending. During the pendency of this appeal, the third respondent issued a notice dated 08.12.2022 for constituting a Management Committee for the respondents 5 and 6. The petitioner submitted a representation on 09.01.2023 to the respondents 1 and 2 requesting them not to conduct any election with respect to the Aquaf. However, applications were called for, for constituting a new Management Committee. Aggrieved by the same, the petitioner filed W.P.No.11911 of 2024 and the said writ petition is pending.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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While the appeal filed by the petitioner before the Tribunal is pending and the writ petition filed by the petitioner against constitution of new Management Committee is pending, the impugned proceedings dated 12.05.2025 came to be issued by the second respondent based on the resolution dated 19.11.2024 issued by the first respondent and thereby, the seventh respondent was appointed as the Muthawalli. Aggrieved by the same, the present writ petition has been filed before this Court.

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In the considered view of this Court, the tenure of the muthawalliship of the petitioner has come to an end. Till date, the appeal filed by the petitioner before the Tribunal has not been decided. Curiously, the petitioner did not make any attempt to get this appeal disposed of at the earliest point. Therefore, the restriction of the muthwalliship tenure is yet to be decided by the Tribunal. Insofar as the appointment of new Management Committee is concerned, it is an independent issue, which has to be agitated in the pending writ petition. While so, if the tenure of the petitioner has come to an end as per his initial appointment order dated 05.03.2019, obviously the official respondents will take steps to appoint a muthawalli. Accordingly, the

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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seventh respondent has been appointed as the muthawalli. The same cannot be interfered with by this Court for the simple reason that the appeal filed by the petitioner is pending before the Tribunal. Apart from the same, there are other disputed facts, which have been raised by the learned Standing Counsel appearing on behalf of the Waqf board.

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In the light of the above discussion, it is left open to the petitioner to work out his remedy in the pending appeal before the Tribunal. If ultimately, the Tribunal holds that the muthawalliship of the petitioner should not have been restricted for three years considering the fact that it is a hereditary muthawalliship, obviously the subsequent appointment of the muthawalli will automatically stand cancelled. Till this event takes place, the appointment of the seventh respondent as muthawalli cannot be interfered with by this Court.

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In order to bring to an end to the present stand off between the petitioner and the Waqf Board, there shall be a direction to the Tamil Nadu Waqf Tribunal to dispose of the pending appeal in A.A.No.3 of 2020 after affording opportunity to all parties concerned within a period of three (3) months from the date of receipt of a copy of this order. 6/8

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.24502 of 2025

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Depending upon the final decision taken by the Tribunal, the petitioner can work out his remedy.

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This writ petition is disposed of in the above terms. No costs.

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Consequently, connected miscellaneous petition is closed.

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08.07.2025