WP CRL.(MD)/5330/2026 of Madurai Therku Vasal Melathe Vs The State of Tamilnadu Rep. on 22 September 2026

O R D E R

The present writ petition has been filed to direct respondents 4 and 5 not to interfere with, dispossess, attach, lock, seal, alter the management of (or) otherwise take any coercive action against the petitioner's peaceful possession, administration and enjoyment to the property comprised in S.No.2163/2, measuring an extent of 3366 Sq.ft., Madurai District, subject to the outcome of Original Appeal pending before the first respondent against the order passed by the second respondent published in the Tamil Nadu Gazette in Notification No.VI-3(a)18/2026 dated 04.03.2026.

2. When the Court sat today i.e.,22.09.2026, Mr. S.M.A. Jinnah, Advocate of this Court, mentioned that there is an urgency, wherein under the guise of the Waqf Board order, the police threatened the petitioner society and asked them to vacate the premises. Therefore, he seeks lunch motion to move the petition on urgency. Permission is granted to move the writ petition in the lunch motion. Accordingly, this petition has been taken on file and heard the petitioner's counsel.

3. Mr. A. Sivasubramanian, learned Additional Government Pleader, takes notice for the first respondent.

4. Mr. Jeya Mohan, learned Standing Counsel for the Tamil Nadu Waqf Board, takes notice for respondents 2 and 3,

5. Mr. C. Susikumar, learned Government Advocate (Criminal Side), takes notice for respondents 4 and 5.

6. Heard both sides.

7. The second respondent by the above referred Government notification directed the petitioner society to hand over the administration of the petitioner Waqf. In addition to that, the petitioner filed a suit in O.S.No.11 of 2026 before the Waqf Tribunal constituted under the Waqf Act, 1995, seeking a relief for declaration of the properties under the Waqf Order as the properties of the petitioner society, and there is a consequential relief also in the said suit. The said suit is now pending. In addition to that, an appeal against the order passed by the second respondent in Original Appeal in file No.1412172MW2/2026 has been filed before the first respondent, who is the Principal Secretary to the Government of Tamil Nadu (Backward Classes, Most Backward Classes and Minorities Welfare Departments) and the same is pending.

8. Having the coercive action taken by the police, the present petition has been filed. Knowing that the writ petition is filed, the Standing Counsel for the Waqf Board, taken notice and argued the same by touching upon Section 65 of the Waqf Act, 1995. As per the said Act, the Waqf Board has the power to take over the administration of any of the Waqf in the State after hearing the person in-charge of the Waqf, it was vested with the Waqf Board. The petitioner herein also participated in the said proceedings and having the petitioner challenged the Waqf Board Order before the first respondent and as per the provisions in the Waqf Act, 1995, only the Waqf Tribunal is the competent authority to decide any issue and as far as the order passed under Section 65 of the Waqf Act is concerned, the Government is the competent authority to hear the appeal in two ways. The petitioner has already approached the Waqf Tribunal, by instituting a suit and another before to the Government by way of appeal against the Waqf Board order. Having the competent authority seized the matter, this petition is not maintainable.

9. In the earlier round of litigation, the petitioner already filed another writ petition in W.P.(MD)No.8981 of 2026 before this Court with a prayer challenging the Waqf Board order published in the Government Notification referred to above and in that case, liberty was given to the petitioner to approach the Government. In pursuant of the said order dated 01.04.2026, the petitioner filed an appeal in the nature of application before the first respondent. Hence, the present petition, which is yet another litigation, is not maintainable and referred to be dismissed.

10. During the course of the submission, the Standing Counsel for Wakf Board submitted that the petitioner, who is the President of the Waqf, along with his Secretary and Treasurer, namely, S. Mohammed Aslam and A. Umarsha, jointly given an undertaking letter dated 10.09.2026 to the third respondent in this writ petition saying that they will hand over the administration of the said Waqf on 23.09.2026. Having the person given undertaking in consolidation with the Secretary and Treasurer and approaching the Court, which is another way of litigation cannot be entertained and this petition is deserved to be dismissed with heavy cost.

11. At this juncture, the learned counsel for the petitioner submitted that, though the petitioner's signature is found as per the letter cited by the learned Standing Counsel for the Waqf, however, he submitted that it was obtained by coercive threat by the police and the Waqf Board officials. Then this Court doubted the version of the counsel and therefore, the learned counsel for the petitioner was informed to advice the petitioner to appear before this Court.

12. Mr. Abdul Kaboor @ Seerin appeared in-person before this Court after the lunch hours. Upon seeing the letter, he admitted that the signature was obtained from him by a coercive threat by the police officials and also by the Waqf Board Staff and Officials. In this regard, he made various petitions before the District Collector, CEO of the Waqf Board, etc., A copy of the petitions and letters have been attached in the typed set of papers.

13. The learned Additional Government Pleader appearing for the first respondent submitted that, the paper discloses that the appeal is filed. If it is deserved, direction may be given to the first respondent to expedite the appeal and the petitioner's grievances may be agitated before the first respondent for any other interim measures till the disposal of the main appeal.

14. The learned Government Advocate (Criminal Side) submitted that, as per the request made by the third respondent to provide necessary police protection to take possession of the petitioner Waqf, police protection was given to the third respondent and they went to the subject property. But no threat was made by the police officials on the petitioner to execute such kind of letter placed by the Waqf Board. But as far as the letter dated 10.09.2026 issued by the petitioner, giving the undertaking letter at once, there was no threat or coercion from the police.

15. As per the Waqf Act, 1995, the affected party may work out the remedy before the forum stated in the said Act i.e., either before Waqf Tribunal or before Waqf Board. If any order is passed by the Waqf Board, there is an appeal remedy before the Secretary to the Government. In all these angles, the petitioner has already approached and cases are pending before both the Waqf Tribunal as well as the Waqf Board as referred above. It is left open to the petitioner to agitate the right before the Waqf Tribunal. He already approached the first respondent, wherein he filed an appeal against the Waqf Board order stated above. Therefore, this Court is not a competent Court to entertain this petition.

16. As per the appeal pending before the first respondent, various prayers have been claimed and one among them is prayer No.(f) seeking an order of interim stay restraining the respondents, their men, agents, servants, or anybody acting under them from interfering with the peaceful possession and administration of the applicants pending disposal of that Appeal. Though the interim stay has been prayed before the first respondent and the procedure of the first respondent shows that the appeal has been taken on file and call for records is ordered from the Waqf Board and so far, no notice has been given to the petitioner to represent the case before the first respondent and the same is recorded.

17. During the course of the submissions, the Standing Counsel for the Waqf Board submitted that the petitioner agitated an interim stay from the first respondent and the same has been concurred by the first respondent through the learned Additional Government Pleader.

18. Though the statutory appeal is pending before the first respondent and taken on file and the records were called for from the Waqf Board, it is appropriate that the first respondent, who is the Secretary to the Government, is to proceed with the interim measures as claimed by the petitioner. Therefore, at the convenience of all the parties concerned, the first respondent is directed to take up the stay application of the petitioner for consideration.

19. The petitioner is directed to appear before the first respondent either by himself or through his counsel and mention the matter to hear the interim application or interim relief or seeking stay of the order of the second respondent.

20. The learned Additional Government Pleader is requested to inform this order to the first respondent through proper channel by tomorrow i.e., on 23.09.2026 itself.

21. Pending disposal of the interim stay application, the respondents 2 to 5 are directed not to take any coercive steps of taking possession of the property or administration of the petitioner

Waqf, until the interim decision of the first respondent. The first respondent is directed to decide the interim stay application of the petitioner within a period of fifteen [15] days from 01.10.2026 and pass a reasoned order.

22. The petitioner is directed not to alter the administration of the petitioner Society/Waqf, alienate the property of the petitioner trust or Waqf property until the decision of the first respondent in the pending interim application.

23. The Registry is directed to send a copy of this order at the earliest to the first respondent.

24. In the event of neither the petitioner nor his counsel failed to appear before the first respondent on 01.10.2026, it is left open to the first respondent, after hearing the Standing Counsel for the Waqf Board, to pass a reasoned order based on the records available on or before 15.10.2026. The petitioner shall not take advantage of the fact that no notice has been issued to him by the first respondent requiring him to appear before the first respondent on 01.10.2026.

25. With the above direction, this Writ Petition is disposed of. 22-09-2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psa To

1. The State of Tamilnadu Rep. by its Principal Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariat, Chennai - 600 009.

2. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

3. The Superintendent, O/o.Madurai Waqf Board Circle, Madurai - 625 001.

4. The Commissioner of Police, O/o. Commissioner of Police, Madurai.

5. The Inspector of Police, South Gate Police Station, Madurai.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. P. MURUGAN, J. psa WP Crl.(MD) No. 5330 of 2026

22.09.2026