Madras High Court
WP/42046/2026 of SHEIK HUSSAIN PET jamia MASJID(Jamiya Masjid) Vs THE CHAIRMAN on 15 October 2026
WP No. 42046 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 42046 of 2026
CNR:{HCMA012414342026}
SHEIK HUSSAIN PET jamia MASJID(Jamiya
Masjid)
Rep by its Vice President, Shaikh Hussain Pet Village Pali Panchayat, Ulundurpet Taluk, Kallakurichi District
..Petitioner(s)
Vs
1. The Chairman
Tamil Nadu WakfBoard, No.1, Jaffer Sherong Street Vallal Seethakathi Nagar, Chennai - 600 001.
2. The chief executive officer
Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street Vallal Seethakathi Nagar, Chennai - 600 001.
3. Janab Mohammed Zakkariya
Ulunderpet taluk, Kallakurichi District.
..Respondent(s)
Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the 1st and 2nd respondents to implement order dated 06.04.2026 in O.A.No.93 of 2022 and O.A.No.72 of 2023 of the Honorable Tamil Nadu Wakf Tribunal, Chennai within time stipulated.
For Petitioner(s):
Mr.A.Ilaya perumal
For Respondent(s):
Ms.A.Rajeswari Karthikeyan for R1 and R2
WP No. 42046 of 2026
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ORDER
This writ petition has been filed seeking direction to the respondents 1 and 2 to implement the order dated 06.04.2026 passed by the Tamil Nadu Waqf Tribunal, Chennai, in O.A. No. 93 of 2022 and O.A. No. 72 of 2023.
2. The case of the petitioner is that the petitioner is the Vice President of the Jamia Masjid and that a new managing committee was elected by the members of the local Muslim community on 02.09.2022. According to the petitioner, the mosque and its associated properties were developed through contributions and donations from the members of the community and the general public.
3. It is the further case of the petitioner that disputes arose between the newly elected committee and the third respondent, who claims to be the hereditary Muthavalli of the Waqf. The petitioner alleges that the third respondent failed to hand over the records, accounts and other properties of the Waqf to the newly elected committee. Consequently, proceedings were initiated before the Tamil Nadu Waqf Tribunal in O.A. No. 93 of 2022 and O.A. No. 72 of 2023.
4. The petitioner submits that, by a common order dated 06.04.2026, the Waqf Tribunal issued directions concerning the registration of the Waqf as a
WP No. 42046 of 2026
public Waqf, the framing of a scheme for its administration and the handing over of records, accounts and properties. The petitioner further submits that representations dated 06.04.2026, 16.04.2026, 28.04.2026 and 13.08.2026 were submitted to the respondents 1 and 2 seeking implementation of the said order and recognition of the present committee, however, no action has been taken. Hence, the petitioner has preferred the present Writ Petition.
5. The learned counsel for the petitioner submits that, despite the order of the Waqf Tribunal, the third respondent continues to interfere with the administration of the Waqf and has not handed over the relevant records and accounts. It is further submitted that the inaction of the official respondents is causing hardship to the petitioner and the members of the local community.
6. The learned counsel appearing for the respondents submits that the issues relating to the administration of the Waqf, the claim of hereditary Muthavalliship and the constitution and recognition of the managing committee are matters governed by the proceedings before the Waqf Tribunal. It is further submitted that the representations of the petitioner would be considered in accordance with law.
WP No. 42046 of 2026
7. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.
8. Considering the nature of the relief sought for by the petitioner, this Court is of the view that the representations submitted by the petitioner seeking implementation of the order dated 06.04.2026 passed by the Tamil Nadu Waqf Tribunal, Chennai, require consideration by the competent authority in accordance with law.
9. Accordingly, the petitioner is directed to submit a fresh representation, along with a copy of the order dated 06.04.2026 passed in O.A. No. 93 of 2022 and O.A. No. 72 of 2023 and copies of the earlier representations, to the second respondent. On receipt of such representation, the second respondent shall consider the same, take appropriate action in accordance with law and in the light of the order passed by the Waqf Tribunal, after affording an opportunity of hearing to the petitioner and the third respondent, and pass appropriate orders within a period of twelve weeks from the date of receipt of the representation.
10. It is made clear that this Court has not expressed any opinion on the merits of the rival claims, and the competent authority shall independently
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consider the matter in accordance with law. The rights and contentions of all the parties are left open.
11. With the above directions, the writ petition is disposed of. No costs. K.SURENDER J. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JAI To
1. The Chairman Tamil Nadu WakfBoard, No.1, Jaffer Sherong Street Vallal Seethakathi Nagar, Chennai - 600 001.
2. The chief executive officer Tamil Nadu Wakf Board, No.1, Jaffer Sherong Street Vallal Seethakathi Nagar, Chennai - 600 001.
WP No. 42046 of 2026
K.SURENDER J. JAI WP No. 42046 of 2026 15-10-2026