Madras High Court
K.Mohamed Rafik @ Babu Sait vs The Government Of Tamil Nadu on 13 June, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition Nos.21180 & 21212 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition Nos.21180 & 21212 of 2025
and
W.M.P.Nos.23914, 23917, 23918, 23957 & 23958 of 2025
W.P.No.21180 of 2025
K.Mohamed Rafik @ Babu Sait
S/o.Late.M.A.Khuddus
Petitioner
Vs
1.The Government of Tamil Nadu
represented by its Principal Secretary,
Backward Classes,
Most Backward Classes and Minority Welfare,
Fort St. George, Rajaji Salai, Chennai-600 001.
2.Tamil Nadu Waqf Board
represented by its Chairman,
No.1, Jafar Syrang Street,
Vallal Seethakathi Street, Chennai-600 001.
3.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Street, Chennai-600 001.
4.The Superintendent of Waqf,
Office of the Waqf Superintendent,
No.139, Dr.Annie Besant Road, Ice House,
Triplicane, Chennai-600 005.
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Writ Petition Nos.21180 & 21212 of 2025
5.Adhoc Committee,
Chettys Garden Mosque @ Naul Band Mosque Waqf
represented by its Muthawalli,
No.72, Ellis Road, Chennai-600 002.
Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorari calling for the records in
respect of the communication dated 05.05.2025 in Na.Ka.No.47/br-tf-brr
issued by the 4th respondent to the 5th respondent for preparation of
voters and members list for conducting election for the office bearers of
Chettys Garden Mosque @ Naul Band Mosque Waqf, No.72, Ellis Road,
Chennai-600 002 and subsequent election notification of the fourth
respondent for conducting the election on 14.06.2025.
For Petitioner : Mr.C.D.Sugumar
For Respondents : Mr.E.Veda Bagath Singh
Special Government Pleader [R1]
Mr.Mohammed Fayaz Ali
Standing Counsel [R2 to R5]
W.P.No.21212 of 2025
Syed Hameedudin
S/o.Syed Kalimuddin
Petitioner
Vs
1. The Tamil Nadu Waqf Board
Represented By Its Chairman,
No.1, Jafar Syrang Street,
Vallal Seethakathi Street,
Chennai 600 001.
2.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Street,
Chennai 600 001.
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Writ Petition Nos.21180 & 21212 of 2025
3.The Superintendent of Waqf,
Tamil Nadu Waqf Board,
No.1, Jafar Syrang Street,
Vallal Seethakathi Street,
Chennai 600 001
Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the Election Notification in
Na.Ka.No.14384/07/AA6/Chennai dated 10.06.2025 passed by the third
respondent herein to quash the same and consequently direct the
respondents to conduct elections as per the Scheme Decree/Waqf
Proforma with the member following the principles of Sunnath Thariqa.
For Petitioner : Mr.B.Sasidaran
For Respondents : Mr.Mohammed Fayaz Ali
Standing Counsel
*****
COMMON ORDER
These writ petitions have been filed challenging the communication dated 05.05.2025 issued by the Superintendent of Waqf to the Adhoc Committee for conducting election on the ground that the Superintendent of Waqf lacks power and jurisdiction. The election notification dated 10.06.2025 issued by the Superintendent of Waqf has also been put to challenge.
2. Heard learned counsel on either side.
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3. Learned Standing Counsel appearing on behalf of the Tamil Nadu Waqf Board submitted that the election proposal has been postponed and the objections are going to be heard by the Committee of the Tamil Nadu Waqf Board and a decision will be taken. Therefore, learned Standing Counsel submitted that the petitioners can submit their objections before the Committee.
4. In the light of the above development, the submission of the learned Standing Counsel appearing on behalf of the Tamil Nadu Waqf Board is recorded and it is left open to the petitioners to submit their objections before the Committee, which shall take a decision in accordance with law.
These writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.
13.06.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/06/2025 01:36:54 pm ) Writ Petition Nos.21180 & 21212 of 2025 To
1.The Principal Secretary, Government of Tamil Nadu Backward Classes, Most Backward Classes and Minority Welfare, Fort St. George, Rajaji Salai, Chennai-600 001.
2.The Chairman, Tamil Nadu Waqf Board No.1, Jafar Syrang Street, Vallal Seethakathi Street, Chennai-600 001.
3.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Street, Chennai-600 001.
4.The Superintendent of Waqf, Office of the Waqf Superintendent, No.139, Dr.Annie Besant Road, Ice House, Triplicane, Chennai-600 005.
5.Adhoc Committee, Chettys Garden Mosque @ Naul Band Mosque Waqf represented by its Muthawalli, No.72, Ellis Road, Chennai-600 002.
6.The Superintendent of Waqf, Tamil Nadu Waqf Board, No.1, Jafar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
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