CRP/3214/2025 of P. AFROZE BASHA Vs ANEES AHMED on 29 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order passed by the Tamil Nadu Wakf Tribunal, Chennai, in IA No. 270 of 2025 in O.A. No. 44 of 2025 dated 14.07.2025, wherein the Wakf Tribunal has granted an order of interim injunction restraining the implementation of the order passed by the Tamil Nadu Wakf Tribunal dated 07.4.2025 pursuant to the impugned resolution dated 23.01.2025.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Tamil Nadu Wakf Tribunal.

4. The 1st respondent is the applicant who filed OA.No.44 of 2025, against the resolution of the Wakf Board dated 23.01.2025 and the consequential order passed on 07.04.2025 and for permanent injunction restraining the respondents from implementing the orders.

5. Along with the main application OA.No.270 of 2025, was filed seeking for an interim injunction restraining the respondents from implementing the order passed by the Wakf Board dated 07.04.2025. The specific case of the 1st

CRP No. 3214 of 2025 respondent/applicant is that he was holding the office of Mutawalli at the Dargah and it has been continuing for nearly 84 years right from the period of his grandfather and that the resolution came to be passed on 23.01.2025 by the Wakf Board pursuant to which the impugned order was passed on 07.04.2025, unilaterally removing a applicant and appointing the petitioner herein as the Mutawalli. Therefore pending the OA, the 1st respondent/applicant sought for restraining the operation of the said order.

6. The Tribunal after considering the rival claims came to a conclusion that insofar as removal of hereditary Mutawall is concerned, the procedure has to be followed under Section 64 of the Wakf Act and in the present case none of the contingencies provided under the Act was specified and the impugned resolution was passed which was followed up with the impugned order. Hence, the Tribunal found a prima facie case to stay the operation of the said order.

7. The order passed by the Tribunal does not suffer from any perversity warranting the interference of this Court. Even though several grounds were raised by the petitioner herein stating that there was misappropriation/mismanagement, neither in the order dated 07.4.2025 nor in the resolution there is any mention about the same. Therefore, the Tribunal has rightly held that a prima facie has been made out for granting interim order. The same is not liable to be interfered by this Court.

CRP No. 3214 of 2025

8. In the light of the above discussion, the order passed by the Tamil Nadu Wakf Tribunal in IA No. 270 of 2025 in O.A. No. 44 of 2025 dated 14.07.2025, is sustained and this CRP is dismissed. There shall be a direction to the Tamil Nadu Wakf Tribunal, to dispose of OA.No.44 of 2025, within a period of three months from the date of receipt of copy of the order.

9. In the result, this Civil Revision Petition is dismissed in the above terms. No costs. Consequently, connected CMP.No.17847 of 2025 and CMP No.28832 of 2026, are closed. 29-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp

CRP No. 3214 of 2025 To

1. Tamilnadu Wakf Tribunal Chennai

2. The Tamilnadu Wakf Board Rep by its Chairman No.1, Jaffer Syrang Street, Seethakathi Nagar Chennai 001

3. The Chief Executive Officer Tamilnadu Wakf Board, No.1, Jaffer Syrang Street, Seethakathi Nagar Chennai 001

4. The Zonal Superintendent Vellore Zone No 8 Bhadur Shah Masjid, Arani Road, Sayeenathapuram Vellore 1

CRP No. 3214 of 2025 N.ANAND VENKATESH J. kp CRP No. 3214 of 2025

29-10-2026