A.Kalleel Rahuman Vs The Tamil Nadu Waqf Board

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's application dated 27.09.2025 and pass suitable orders in accordance with the provisions of Waqf Act, within the time fixed by this Court.

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For Petitioner : Ms.A.Ajimath Begum For R-1 & R-2 : Mr.D.S.Haroon Rasheed

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

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W.P.(MD) No.31748 of 2025

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O R D E R

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The present writ petition has been filed seeking a direction to the first respondent to consider the petitioner's application dated 27.09.2025 and pass suitable orders in accordance with the provisions of Waqf Act, within the time fixed by this Court.

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It is the case of the petitioner that the Waqf is a surveyed and notified Waqf bearing G.S.No.247/MDU. As per the scheme governing the institution, the rule of succession to the office of Muthawalli is by way of selection by the Jamaat once in three years. It is stated that the Waqf presently has no income, as its properties were encroached upon by the erstwhile Muthawalli. According to the petitioner, proceedings were initiated to remove the encroachments and an order was passed as early as in the year 2016. However, the first respondent has not taken effective steps to remove the encroachments. It is further submitted that the petitioner has been managing the affairs of the Waqf from the year 2009 onwards, utilising his own funds as well as contributions collected from friends and relatives. The last selection to the office of Muthawalli was held on 26.09.2025 after issuing due notice to the Jamaat members, and

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

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W.P.(MD) No.31748 of 2025

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the same was intimated to the respondents on 27.09.2025. However, till

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date, the said application has not been considered and no order has been passed. Hence, the present writ petition.

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The learned counsel appearing for respondent Nos.1 and 2 would submit that once the Wakf Board is constituted, the representation of the petitioner would be considered and appropriate orders would be passed.

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In view of the above submission, respondent Nos.1 and 2 are directed to consider and dispose of the petitioner’s representation dated 27.09.2025, if the Wakf Board has already been constituted, or immediately upon its constitution, and pass appropriate orders, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

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