Madras High Court
WP(MD)/30439/2026 of Sharfudeen S Vs The Chief Executive Officer on 27 October 2026
WP(MD) No. 30439 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.10.2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
WP(MD) No. 30439 of 2026
CNR:{HCMD011530932026}
and
WMP(MD) Nos.23262, 23264 & 23553 of 2026
S.Sharfudeen
S/o. Sheik Dawood,
President,
Anaiyur Muslim Jamath Pallivasal
@ Anaiyur Mohideen Andavar Pallivasal,
Vazhi Abiramam,
Ramanathapuram District,
Anaiyur - 623 601.
..Petitioner(s)
Vs
1. The Chief Executive Officer
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
2. The Tamil Nadu Wakf Board
Represented by its Chief Executive Officer, No.1, Jaffer Syrang Street,
3. The Superintendent of Wakfs
Ramanathapuram Circle,
Office of the Superintendent of Wakfs,
Tamil Nadu Wakf Board,
176/11, First Floor,
Thoppa Sayanam Road,
Vellipattinam, Ramanathapuram - 623 504.
4. Urus Festival Committee
Represented by its President,
WP(MD) No. 30439 of 2026
a) A. Peer Mohamed (President),
b) A. Mohamed Ismail,
c) VSA. Akbar Hussain,
d) M. Rahmatullah,
e) M. Ashik Meera MC,
f) M. Mohamed Kasim,
g) K. Madhan Kani,
h) R. Syed Moosa Qadir,
i) S. Anwar Hussain MC,
j) M. Abdullah,
k) Badhari Saukath Ali,
l) NKM. Meeran Kani,
m) M. Anwar Hussain,
n) K. Madhan Musayar,
o) S. Nagoor Meeran,
p) S. Nassar,
q) R. Abubakar Siddiq,
r) VSM. Sheik Dawood,
s) NKM. Kadhar Ali,
t) J. Sheik Mohamed,
u) VKF. Jahir Hussain,
Anaiyur Muslim Jamath Pallivasal,
@ Anaiyur Mohideen Andavar Pallivasal,
Vazhi Abiramam, Ramanathapuram District, Anaiyur - 623 601.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Certiorari to call for records of the first respondent dated 01.10.2026 in Su.Mu. Order No.14668/24/B11/Rama and quash the same.
For Petitioner :
Mr.Nissar Ahmed, Senior Counsel
for Mr.I.Kowser Sulthana
For R1 to R3 :
Mr.K.Jeyamohan
Standing Counsel
WP(MD) No. 30439 of 2026
For R4 :
Mr.G.Prabhu Rajadurai
for Mr.A.Rahul
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ORDER
Asserting that the petitioner and other office bearers were duly elected on 15.02.2024, the petitioner assails order dated 01.10.2026 of the first respondent constituting a committee to assist the management in conducting the Urus Festival.
2. Learned Senior Counsel for the petitioner submits that a Mutawalli cannot be appointed unless there is a vacancy in the office as per Section 63 of the Waqf Act, 1995. Relying on Section 32 and, in particular, clause (g) of sub-section (2) thereof, he contends that the power to appoint a Mutawalli cannot be delegated to the Chief Executive Officer and is a power exercisable only by the Waqf Board. He also submits that the impugned order was issued in violation of principles of natural justice by not providing an opportunity to the petitioner. Without prejudice to these contentions, he submits that a committee comprising the first 5 persons from the list contained in the impugned order may be appointed solely to assist the management in conducting the Urus Festival.
3. On behalf of the Waqf Board, it is submitted that the Chief Executive Officer is empowered under Section 25(1)(c) of the Waqf Act,
WP(MD) No. 30439 of 2026 1995 to undertake any act necessary for the control, maintenance and superintendence of waqfs. It is also submitted that notifications were received both from the petitioner and the fourth respondent relating to the election of office bearers.
4. Learned counsel for the fourth respondent submits that office bearers were elected on 23.02.2024 and that a notification in that regard was sent to the Waqf Board on 27.02.2024. Without prejudice, he submits that the fourth respondent agrees to the reconstitution of the committee by only including the names of persons listed in Sl.Nos.1 to 5 thereof.
5. The immediate requirement is the peaceful conduct of the Urus Festival scheduled on 28.10.2026 (tomorrow). Keeping in mind the rival claims raised herein, this Writ Petition is disposed of on the following terms: i. The committee constituted under the impugned order to assist the management is reconstituted by including only the names of persons mentioned therein in Sl. Nos. 1 to 5. As stated in the order, such persons shall only assist the management and not act independently.
ii. All contentions are left open to the rival parties in relation to their rights of management in respect of the Waqf. Such rights may be agitated before the Waqf Tribunal. This order shall not be relied upon by either faction in such proceedings.
WP(MD) No. 30439 of 2026
iii. The third respondent, Superintendent of Waqfs, shall be present during the Urus Festival to ensure that it happens without untoward incidents.
iv. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 27.10.2026 Index: No Non-speaking order Neutral Citation: No JEN Note : Issue order copy on 27.10.2026 To
1. The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street,
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.
3. The Superintendent of Wakfs Ramanathapuram Circle, Office of the Superintendent of Wakfs, Tamil Nadu Wakf Board, 176/11, First Floor, Thoppa Sayanam Road, Vellipattinam, Ramanathapuram - 623 504.
WP(MD) No. 30439 of 2026 SENTHILKUMAR RAMAMOORTHY, J.
JEN WP(MD) No. 30439 of 2026 27.10.2026