Disposed¶26

Mohamed Farook v. The Tamil Nadu Wakf Board

Madras HC23 Jun 2025WP(MD)/16848/2025

Case brief

AI extract

What is this about?

Writ of mandamus; Wakf election; Tamil Nadu Wakf Board; Superintendent of Wakf, Trichy; Mohaideen Andavar Jummah Masjid, Thuvarankuruchi; Section 65 Wakf Act 1995; take-over of Wakf management; Scheme Decree; democratic election of Administrative Members; representation dated 13.06.2025; petition disposed with observations, no costs; Justice C. Saravanan; W.P.(MD) No.16848 of 2025.

What did the court decide?

The Wakf Board has no jurisdiction to conduct an election except where it has taken over the management of the Wakf under Section 65 of the Wakf Act, 1995; therefore, the petitioner's prayer for a mandamus to conduct the election cannot be considered. ¶24

Mohamed Farook Vs The Tamil Nadu Wakf Board — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether a writ of mandamus should be issued directing respondents 1 and 2 to conduct a democratic election at Mohaideen Andavar Jummah Masjid in a free and fair manner for appointment of new Administrative Members, by considering the petitioner's representation dated 13.06.2025. +1 more

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Court's answer

If an election has not been held in accordance with the Scheme Decree or as per the proforma of the Wakf applicable to the subject Wakf, it is open to the Wakf Board to exercise its power under Section 65 of the Wakf Act, 1995 and thereafter conduct an election in light of the safeguards prescribed under the provisions of the Wakf Act, 1995.

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Ratio / Principle

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) disposed of, at the admission stage, a writ petition under Article 226 seeking a mandamus to the Tamil Nadu Wakf Board and the Superintendent of Wakf to conduct a democratic election at Mohaideen Andavar Jummah Masjid, Thuvarankuruchi, in a free and fair manner for appointment of new Administrative Members, by considering the petitioner's representation dated 13.06.2025. Relying on its earlier view, the Court held that the Wakf Board has no jurisdiction to conduct an election except where it has taken over the management of the Wakf under Section 65 of the Wakf Act, 1995, and accordingly the prayer could not be considered. The Court observed that if an election has not been held in accordance with the Scheme Decree or the applicable proforma of the Wakf, it is open to the Wakf Board to exercise its power under Section 65 and thereafter conduct the election in light of the safeguards prescribed under the Wakf Act, 1995. Notice to the third respondent was dispensed with as no adverse orders were proposed against him. Petition disposed of with observations; no costs.

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W.P.(MD) No.16848 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No.16848 of 2025

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Mohamed Farook, Elected Member, Mohaideen Andavar Jummah Masjid. ... Petitioner

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1.The Tamil Nadu Wakf Board rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai. 2.The Superintendent of Wakf O/o. the Superintendent of Wakf, Pallakarai, Trichy District.

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3.Jamal Mohamed President of Mohaideen Andavar Jummah Masjid, Thuvarankuruchi, Marungapuri. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for

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

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W.P.(MD) No.16848 of 2025

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issuance of Writ of Mandamus to direct the respondents 1 and 2 to conduct Democratic Election at Mohaideen Andavar Jummah Masjid in free and fair manner for appointment of new Administrative Members by considering the petitioner’s representation dated 13.06.2025.

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For petitioner : Mr.S.M.A.Jinnah For respondents :Mr.Jeyamohan Standing Counsel for R1 & R2 *****

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ORDER

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This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 and 2 and after dispensing with the notice to the third respondent as no adverse orders are proposed to be passed against the third respondent.

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This Writ Petition is filed for a Mandamus to direct the respondents 1 and 2 to conduct Democratic Election at Mohaideen Andavar Jummah Masjid in free and fair manner for appointment of new Administrative Members by considering the petitioner’s representation dated 13.06.2025.

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This Court has also taken a view that the Wakf Board has no jurisdiction to conduct election except the Wakf Board took over the management under

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

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W.P.(MD) No.16848 of 2025

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Section 65 of the Wakf Act, 1995. Therefore, the prayer sought for by the petitioner cannot be considered.

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In case election has not been held in accordance with the Scheme Decree or as per the proforma of the Wakf applicable to the subject Wakf, it is open for the Wakf Board to exercise its power under Section 65 of the Wakf Act, 1995 and thereafter, conduct election in the light of the safeguards prescribed under the provisions of the Wakf Act, 1995.

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This Writ Petition stands disposed of, with the above observations. No costs.

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Index : Yes / No 23.06.2025 Internet : Yes / No apd To 1.The Tamil Nadu Wakf Board rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

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2.The Superintendent of Wakf O/o. the Superintendent of Wakf, Pallakarai, Trichy District.

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

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W.P.(MD) No.16848 of 2025

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C.SARAVANAN, J.

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apd