Masjid E Mubarak Vs the Chairman — Writ and Judicial Review | Madras HC (2026)

Masjid E Mubarak Vs the Chairman — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of on terms: third respondent to constitute a committee of eight volunteers to conduct the Ramalan festival (inclusive representation from all groups, exclusion of persons with extremely controversial background, petitioner-Muthavalli preferably included); committee to maintain the traditional arrangements (breaking of fast, night prayers) of the masjid/waqf during Ramalan; authorities to act on the web-copy of the order; no order as to costs.

Issue for consideration

Given the pending enquiry into the petitioner's continuance as Muthavalli and the Board's inability to pass final orders, who is to conduct the Ramalan festival scheduled to commence on 18.02.2026, and whether the petitioner can be permitted to conduct it.

Court's answer

The Court declined to decide the petition on merits after a full opportunity to the respondents, because the festival commencing 18.02.2026 would have rendered any decision a fait accompli; it instead disposed of the writ petition on terms, taking into account that the petitioner had been the Muthavalli all along and that his earlier representation remained unattended despite the previous four-week direction.

Ratio / Principle

The third respondent is directed to constitute a committee of eight volunteers to conduct the Ramalan festival; it must be ensured that no person with an extremely controversial background forms part of the committee, representation from all groups is to be given as far as possible, and the petitioner, being the Muthavalli, can be given preference and included in the committee.

Key takeaways

The volunteer committee is to peacefully carry out the day-to-day activities so that the traditional arrangements of the particular masjid/waqf, such as arrangements for breaking the fast and night prayers, are maintained during the month of Ramalan.ratio¶36
The authorities are permitted to act on the web-copy of the order without waiting for a certified copy, and there is no order as to costs.ratio¶37

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 — petitioner MasJid-E. Mubarak (registered Wakf), through its President/Muthavalli elected in 2017 whose continuance beyond the three-year term was under enquiry before the Tamil Nadu Wakf Board, sought consideration of his representation dated 02.02.2026 for conducting the Ramalan festival peacefully. His earlier representation dated 22.05.2025, ordered to be decided within four weeks by this Court's order dated 20.06.2025, remained undecided and the Board could not pass final orders. With the festival due to commence on 18.02.2026, deciding the matter on merits would have been a fait accompli. HELD/DIRECTED (D. Bharatha Chakravarthy, J.): writ petition disposed of — third respondent (Superintendent, Tamil Nadu Waqf Board) to constitute a committee of eight volunteers to conduct the Ramalan festival; no person with an extremely controversial background to be included; representation from all groups as far as possible; petitioner, being the Muthavalli, may be given preference and included; committee to maintain traditional day-to-day arrangements (breaking of fast, night prayers) during Ramalan; authorities to act on web-copy; no costs.

W.P.No.5366 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2026

CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.5366 of 2026

MasJid-E. Mubarak, Registered Wakf, Registered under the Tamil Nadu Wakf Act, 1995, Represented by its President, Mohammed Unis,

.. Petitioner

Versus

The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

The Superintendent of Tamil Nadu Waqf Board, No.8, Bhagadoorsha Mosque, Arani Road, Vellore, Ranipet district. .. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to consider the petitioner’s representation, dated 02.02.2026 for permitting the petitioner to conduct the Ramalan Festival with full support and kind co-operation for conducting the festival in a peaceful manner without any disturbance and hindrance from the unauthorized person.

1/6

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

W.P.No.5366 of 2026

For Petitioner : Mr.V.Nithyanandam For Respondents : Mr.Rajeswari Karthikeyan, Standing Counsel

ORDER

This Writ Petition is filed directing the respondents to consider

the representation, dated 02.02.2026 for permitting the petitioner to conduct the Ramalan festival with full support and kind co-operation in a peaceful manner without any disturbance or hindrance from any unauthorised person.

Upon hearing the learned Counsel for the petitioner and

perusing the material records of the case, the petitioner was originally elected as a Muthavalli in the year 2017 and when the three years period was over, the petitioner was continuing as such, however, he has already made a representation to permit him to continue as Muthavalli until the next election is conducted. The petitioner earlier approached this Court to consider his representation, dated 22.05.2025 and to pass orders. By the order, dated 20.06.2025, this Court directed the respondents to consider the representation, dated 22.05.2025 and to take a decision within a period of

2/6

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

W.P.No.5366 of 2026

four weeks therefrom. It is stated that the enquiry is being conducted on the said representation and now, the Wakf Board is not there to pass final orders thereon.

In the meanwhile, now, the petitioner has made the present representation to permit him to conduct the Ramalan festival. The learned Standing Counsel for the respondent Wakf Board, submits that when the earlier enquiry, with reference to continuing the petitioner as Muthavalli , is pending, now, the petitioner cannot be permitted to conduct the Ramalan festival alone.

When this Court questioned as to who will conduct the Ramalan festival, which is supposed to be from tomorrow (i.e., 18.02.2026), the learned Standing Counsel for the respondent Wakf Board, submits that if directed, they will constitute a volunteer committee also.

If the Court has to decide the case on merits after giving due opportunity to the respondents, the matter will become fait accompli , as the festival commences from tomorrow (i.e., on 18.02.2026). Accordingly, in view of the said submissions and in view of the prayer of the petitioner

3/6

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

W.P.No.5366 of 2026

that he was the Muthavalli all along and his representation is also still pending inspite of four weeks direction granted by this Court earlier, this Writ Petition is disposed of on the following terms:-

(i) The third respondent is directed to constitute a committee of

eight volunteers to conduct the Ramalan festival. If there is groupism even among the devotees, it shall be ensured that no person, with extremely controversial background, is forming part of the volunteer committee and as far as possible, representation from all groups be given and the volunteer committee be constituted, in which, the petitioner, being the Muthavalli , can also be given preference and be included in the committee;

(ii) Let the committee peacefully, keeping in mind the pious purpose on hand, shall carry out the day to day activities so that due arrangements for breaking the fast, night prayers etc., whatever has been the tradition of the particular masjid/waqf be maintained, during the month of Ramalan;

(iii) The authorities shall act on the web-copy of this order without waiting for a certified copy of this order;

(iv) There shall be no order as to costs.

17.02.2026

Neutral Citation : no grs

4/6

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

W.P.No.5366 of 2026

To

The Chairman, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

The Chief Executive Officer, The Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Chennai – 600 001.

The Superintendent of Tamil Nadu Waqf Board, No.8, Bhagadoorsha Mosque, Arani Road, Vellore, Ranipet district.

5/6

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

W.P.No.5366 of 2026

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.5366 of 2026

17.02.2026

6/6

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