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Sundar v. the Tamil Nadu Waqf Board

Madras HC2 Sept 2025WP/33207/2025

Case brief

AI extract

What is this about?

Madras High Court common order in W.P.Nos.33207 and 33210 of 2025 (decided 02.09.2025) by M.Dhandapani, J.; R.Sundar and B.Nivetha v. The Tamilnadu Waqf Board; Article 226 mandamus; Wakf property lease; Wakf Properties Lease Rules 2014; representations dated 06.05.2025 and 04.09.2024; properties at General Patters Road and Angappa Naicken Street, Chennai; direction to Board to decide on lease within twelve weeks; writ petitions disposed of; no costs.

What did the court decide?

Both writ petitions disposed of with a direction to the respondent Board to take a decision on leasing out the subject properties by considering the petitioners' representations and to pass appropriate orders within twelve weeks from receipt of a copy of the order, following the procedures contemplated under the Tamilnadu Wakf Properties Lease Rules-2014; no costs imposed.

Sundar Vs the Tamil Nadu Waqf Board — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Tamilnadu Waqf Board should be directed to consider the petitioners' representations and take a decision on leasing out the subject Wakf properties to them in accordance with the Wakf Properties Lease Rules, 2014.

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Court's answer

This Court directed the respondent to take a decision for leasing out the subject properties to the petitioners by considering the representations of the petitioners and to pass appropriate orders.

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Ratio / Principle

The decision was to be passed within twelve weeks from receipt of a copy of the order, following the procedures contemplated under the Tamilnadu Wakf Properties Lease Rules-2014.

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Detailed headnote1 paragraphs

W.P.Nos.33207 & 33210 of 2025 (Madras HC) (M.Dhandapani, J.), decided 02.09.2025 — Petitioners sought a writ of mandamus under Article 226 of the Constitution of India directing the Tamilnadu Waqf Board to execute lease agreements in accordance with the Wakf Properties Lease Rules – 2014, pursuant to their representations dated 06.05.2025 and 04.09.2024, in respect of Wakf properties at Old Survey Nos.916 & 26, R.S.Nos.4373 & 321/7, No.18, General Patters Road, Chennai (6392 sq.ft.) and House No.1/2, Angappa Naicken Street, Chennai (3600 sq.ft.), which though capable of yielding substantial income were lying vacant. The respondent sought time to consider the representations in terms of the Wakf Properties Lease Rules, 2014. Holding: the Court directed the respondent to take a decision for leasing out the subject properties by considering the representations and to pass appropriate orders within a period of twelve weeks from receipt of a copy of the order, following the procedures contemplated under the Tamilnadu Wakf Properties Lease Rules-2014. With that direction, the writ petitions were disposed of. No costs.

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W.P.Nos.33207 and 33210 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.09.2025

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CORAM

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THE HONOURABLE Mr.JUSTICE M.DHANDAPANI

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W.P.Nos.33207 & 33210 of 2025

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R.Sundar Petitioner in W.P.No.33207 of 2025 B.Nivetha Petitioner in W.P.No.33210 of 2025

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Versus

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The Tamilnadu Waqf Board, rep. By its Chairman, No.1, Jaffar Syrang Street, Vallal Seethalakshmi Nagar, Chennai – 600 001 Respondent in both the petitions

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Prayer: Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to execute the lease agreement to the petitioners in accordance with the Wakf Properties Lease Rules – 2014 vide representations dated 06.05.2025 and 04.09.2024 respectively within the time frame.

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For Petitioners : Mr.Y.Kaja Navas

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For Respondent : Ms.N.Swathi Priya Raj

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C O M M O N O R D E R

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Since the issues involved in these Writ Petitions are one and the

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same, they are taken up together and a common order is being passed.

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The learned counsel for the petitioners would submit that the

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

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W.P.Nos.33207 and 33210 of 2025

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petitioners are interested in taking lease of the Wakf Property situated in Old Survey Nos.916 & 26, R.S.Nos.4373 & 321/7, No.18, General Patters Road, Chennai & House No.1/2, Angappa Naicken Street, Chennai measuring 6392 sq.ft. & 3600 Sq.Ft., respectively. Though the properties are situated in a prime locality of Chennai and capable of yielding substantial income, the properties are lying vacant. In order to develop the said properties, the petitioners have made representations requesting to execute the lease deed in favour of the petitioners for construction of a commercial complex, however, the same has not been done, hence the petitioners have come up with these petitions.

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Per contra, the learned counsel appearing for the respondent seeks time to consider the representations of the petitioners in terms of the Wakf Properties Lease Rules, 2014.

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Considering the above said facts and circumstances of the case, this Court is inclined to direct the respondent to take a decision for leasing out the subject properties to the petitioners by considering the representations of the petitioners and pass appropriate orders within a period of twelve weeks from the date of receipt of copy of a order, by following the procedures contemplated under Tamilnadu Wakf Properties

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

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W.P.Nos.33207 and 33210 of 2025

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Lease Rules-2014.

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With the above direction, the Writ petitions are disposed of.

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No costs.

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02.09.2025

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Index:Yes/No Internet:Yes/No Speaking /Non speaking Judgment ssd To The Tamilnadu Waqf Board, rep. By its Chairman, No.1, Jaffar Syrang Street, Vallal Seethalakshmi Nagar, Chennai – 600 001

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

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W.P.Nos.33207 and 33210 of 2025

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M.DHANDAPANI, J.,

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ssd

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W.P.Nos.33207 & 33210 of 2025