M.Mahaboob Hussain Vs The Tamil Nadu Wakf Board — Madras HC (2026) — LawSathi Research

M.Mahaboob Hussain Vs The Tamil Nadu Wakf Board — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether relief could be granted in the writ petition when the Seven Member Committee administering the Nawab Abdul Nabikhan Mosque Wakf was not arrayed as a respondent, and whether its members were competent persons to collect rents from the tenants. +1 more

Court's answer

The Seven Member Committee appointed to administer the Wakf was not arrayed as respondent in the writ petition, and its members are competent persons to collect the rents from the tenants.

Ratio / Principle

No error was found in the order passed by the learned Single Judge dismissing the writ petition; the writ appeal is bereft of substance.

Key takeaways

The Court's finding that the Committee members are competent persons to collect rents negatives the appellant's contention that the second respondent was collecting rents without authority.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Division Bench: Chief Justice Sushrut Arvind Dharmadhikari, who delivered the judgment, and G.Arul Murugan, J.) — Writ Appeal W.A.No.904 of 2026 under Clause 15 of the Letters Patent — dismissed on 21.04.2026. The appellant, M.Mahaboob Hussain, had earlier sought a writ of mandamus directing consideration of his representation dated 10.02.2026 and an enquiry under the Wakf Act, 1995 against persons allegedly illegally collecting rent from the properties of Nawab Abdul Nabikhan Mosque Wakf (G.S.No.62), contending that the second respondent collected rents without authority. The Tamil Nadu Wakf Board had, by order dated 22.5.2025, appointed a Seven Member Committee (one Hereditary Muthavalli and six members) including the second respondent to administer the Wakf properties. Holding that the Seven Member Committee was not arrayed as respondent in the writ petition and that its members were competent persons to collect rents from the tenants, the Bench found no error in the learned Single Judge's dismissal of W.P.No.9738 of 2026 (order dated 11.3.2026), held the writ appeal bereft of substance, and dismissed it with no order as to costs.

W.A.No.904 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2026

CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.A.No.904 of 2026

M.Mahaboob Hussain S/o.Mohammed Eliyas, No.1, Neelukadai Street, Chidambaram, Cuddalore District -608 001

Appellant

Vs

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

2.M.Mohammed Hussain

S/o.Mahidheen Basha, No.30/5, Lal Khan Street, Chidambaram, -608 001

Respondents

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W.A.No.904 of 2026

PRAYER: Appeal filed under Clause 15 of the Letters Patent to set aside

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.9738 of 2026, dated 11.3.2026.

For Appellant: Mr.Y.Kajanavas

JUDGMENT

(Delivered by the Hon'ble Chief Justice)

This writ appeal under Clause 15 of the Letters Patent has been filed challenging the order dated 11.3.2026 passed in W.P.No.9738 of 2026, whereby the learned Single Judge dismissed the writ petition.

The appellant/writ petitioner has filed the writ petition praying

for the following relief:

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus directing the respondent to consider the petitioner representation dated 10.02.2026 and consequently conduct an enquiry and take appropriate action under the Wakf Act, 1995 against the persons illegally collecting rent from the properties of Nawab Abdul Nabikhan Mosque Wakf (G.S.No.62) within a time frame fixed by this Hon’ble Court and pass such further or other

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W.A.No.904 of 2026

orders as this Hon’ble Court may deem fit and proper and thus render justice.”

The learned Single Judge, while dismissing the writ petition, came to the conclusion that the first respondent Board vide order dated 22.5.2025 appointed Seven Member Committee [One Hereditary Muthavalli and Six Members], including the second respondent, to administer the properties of Nawab Abdul Nabikhan Mosque Wakf. Since the said Wakf has not been made as party in the writ petition, no relief can be granted to the petitioner.

Learned counsel for the appellant submitted that the second

respondent, without any authority, is collecting rents from the tenants occupying the Wakf properties, which is illegal.

We have gone through the order passed by the learned Single Judge and also the records available. We find that the Seven Member Committee is not arrayed as respondent in the writ petition and they are competent persons to collect the rents from the tenants. In such view of the matter, we do not find any error in the order passed by the learned Single Judge. The writ appeal is bereft of substance.

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W.A.No.904 of 2026

Accordingly, the writ appeal is dismissed. There shall be no

order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 21.04.2026

Index : Yes/No Neutral Citation : Yes/No bbr

To:

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

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W.A.No.904 of 2026

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

bbr

W.A.No.904 of 2026

21.04.2026

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