Mahoobbasha Vs The Chairman — Madras HC (2026) — LawSathi Research

Mahoobbasha Vs The Chairman — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the appellants to approach the Tribunal constituted under Section 83 of the said Act; impugned order modified to the extent indicated with the result unchanged; no order as to costs.

Issue for consideration

Whether the dispute raised by the writ petitioners/appellants falls within the jurisdiction of the Tribunal created under Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act, 2025.

Court's answer

In view of Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act, 2025, the dispute raised by the writ petitioners/appellants is well within the jurisdiction of the Tribunal created under Section 83 of the said Act.

Ratio / Principle

While modifying the impugned order to the extent indicated, the result remains the same; the writ appeal is dismissed with liberty to the appellants to approach the Tribunal constituted under Section 83 of the said Act, with no order as to costs.

Detailed headnote1 paragraphs

Writ Appeal (Clause 15, Letters Patent) against the learned Single Judge's order dated 23.08.2024 in W.P.No.31740 of 2015 - Division Bench of the High Court of Judicature at Madras (Chief Justice Manindra Mohan Shrivastava and G. Arul Murugan, J.; judgment delivered by the Chief Justice) held that although the subject matter of the writ petition is different from that which forms part of S.A.No.1080 of 2001 (Butt Road Jumma Masjid v Mahboob Basha), in view of Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act, 2025, the dispute raised by the writ petitioners/appellants is well within the jurisdiction of the Tribunal created under Section 83 of the said Act - impugned order modified to that extent, with the result remaining the same - writ appeal dismissed with liberty to the appellants to approach the Tribunal constituted under Section 83 - no order as to costs.

W.A.No.4045 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.A.No.4045 of 2025

1.Mahoob Basha

S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount,

Chennai - 600 016.

Niyamathullah

S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount,

Chennai - 600 016.

Rahimanullah

S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount, Chennai - 600 016.

Rahimullah

S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount,

Chennai - 600 016.

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W.A.No.4045 of 2025

Gayazullah S/o. Late Habibullah, No.5/64, Magazine Road, St.Thomas Mount, Chennai - 600 016.

Rep. by their power agent, Y. Akbar Ahamed, S/o. Yousuf Ahamed. Old No.113, New No.257, Ameer Mahal, Bharathi Salai, Royapettah, Chennai - 600 014.

Appellants

Vs

1.The Chairman

Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

3.Shabuddin

No.124, Defense Colony, Ekkattuthangal, Chennai - 600 032.

4.Hasan Ambalam

No.6/51, Permal Street, Butt Road, St. Thomas Mount, Chennai - 600016.

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W.A.No.4045 of 2025

5.The Chief Executive Officer Cantonment Board Office, St. Thomas Mount, Chennai - 600 016.

Respondents

PRAYER: Appeal filed under Clause 15 of the Letters Patent to set aside the order passed by the learned Single Judge in W.P.No.31740 of 2015, dated 23.08.2024.

For Appellants: Mr.A.Ilayaperumal

JUDGMENT

(Delivered by the Hon'ble Chief Justice)

After having heard learned counsel for the appellants, though we are of the view that the subject matter in respect of which the writ petition is filed is different from that which forms part of S.A.No.1080 of 2001 ( Butt Road Jumma Masjid v Mahboob Basha ), in view of the provision contained in Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act, 2025, the dispute which has been raised by the writ petitioners/appellants herein is well within the jurisdiction of the Tribunal created under Section 83 of the said Act.

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W.A.No.4045 of 2025

Therefore, in that view of the matter, while modifying the impugned order to the extent indicated above, the result would remain the same.

Writ appeal stands dismissed, however, with liberty to the appellants to approach the Tribunal constituted under Section 83 of the said Act. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

06.01.2026 Index : Yes/No Neutral Citation : Yes/No sasi

To:

1.The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

2.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallalseethakathi Nagar, Chennai - 600001.

3.The Chief Executive Officer Cantonment Board Office, St. Thomas Mount, Chennai - 600 016.

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W.A.No.4045 of 2025

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi)

W.A.No.4045 of 2025

06.01.2026

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