S.Kalifullah Vs The Tamil Nadu Waqf Board

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents No.1 to 3 to appoint an Ad hoc Committee to administrate the pallivasal, namely, Therku Theru Mohaideen Pallivasal, Natham, Dindigul District until the selection of new office bearers by considering the petitioner’s representation, dated 19.05.2025.

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For petitioner : Mr. T.Thirumurugan

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For respondents : Mr.K.Jeyamohan Standing Counsel for R1 to R3 *****

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ORDER

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This Writ Petition is disposed of at the time of admission with the consent

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of the learned counsel for the petitioner and learned Standing Counsel for the respondents.

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It is informed by the learned counsel for the petitioner that earlier, the elections of the Wakf, namely, Therku Theru Mohaideen Pallivasal, Natham, Dindigul District, had been held on 03.04.2010 and the tenure of the Executive Committee came to an end on 02.04.2013.

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

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W.P.(MD) No. 18120 of 2025

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It is noticed that a notice was issued by the Inspector of Wakf/third respondent on 02.08.2023, wherein a direction was issued to the Office bearers to conduct elections to select the Executive Committee.

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The said communication, dated 02.08.2023 issued by the Inspector of Wakf/third respondent was questioned by one Shajahan before this Court in W.P. (MD) No.20031 of 2023, wherein after hearing the parties, on 17.08.2023, an interim order was granted by this Court and thereafter, a final order came to be passed on 31.08.2023, after recording the statement of the respondents 1 and 2 therein (respondents 1 and 3 herein) that the Wakf had already selected the Governing Committee and that the present Committee was subsisting until 02.04.2025.

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It is informed by the learned counsel for the petitioner that the petitioner has filed a Writ Appeal against the aforesaid order of the Writ Court passed in W.P.(MD)No.20031 of 2023, dated 31.08.2023, in W.A.(MD) No.1533 of 2024.

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

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W.P.(MD) No. 18120 of 2025

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It is noticed that since the tenure has also come to an end, even as per the order, dated 31.08.2023, wherein it has been recorded that tenure was to expire on 02.04.2025, the petitioner will have to withdraw the said Writ Appeal pending before the Hon’ble Division Bench.

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It is, however, submitted by the learned counsel for the petitioner that the aforesaid statement was incorrect, as no election has been held after 02.04.2013.

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It is noticed that the petitioner wants the respondents to exercise the power under Section 63 of the Wakf Act, 1995 to take over the management of the Wakf.

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It is not clear whether any election has been held after 02.04.2025. The petitioner has also to be chosen to implead the Office bearers of the Wakf. Be that as it may, the petitioner’s representation, dated 19.05.2025 for appointing Ad hoc Committee under Section 63 of the Wakf Act, 1995 can be considered only after issuing notice to the Office bearers, who may have been elected and have been recognized by the Wakf.

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

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W.P.(MD) No. 18120 of 2025

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This exercise shall be completed within a period of three (3) months

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from the date of receipt of a copy of this order.

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

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Index : Yes / No 04.07.2025 Internet : Yes / No apd To 1. The Tamil Nadu Waqf Board, Rep. by its the Chief Executive Officer, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai.

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