Madras High Court
WP(MD)/30966/2026 of Satham Hussain Nainar Mohammed Vs The Tamil Nadu Waqf Board on 2 November 2026
WP(MD) No. 30966 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 30966 of 2026
CNR:{HCMD011538262026}
AND
WMP(MD) No. 23769 of 2026
Satham Hussain Nainar Mohammed
..Petitioner(s)
Vs
1. The Tamil Nadu Waqf Board
Rep. by its Chairman,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar, Chennai
2. The Chief Executive Officer
Tamil Nadu Waqf Board
No. 1 Jaffer Syrang Street
Vallal Seethakathi Nagar Chennai
3. The Superintendent of Waqfs,
Ramanathapuram
Ramanathapuram District
4. Mydin Andavar Pallivasal Mahamai Fund Waqf, Rep., by its Ad Hoc Committee, Nallur, Arupukottai, Virudhunagar District.
..Respondent(s)
WP(MD) No. 30966 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the Respondents 1 to 3 from conducting the election of the 4th respondent Waqf pending disposal of the original application in O.A. No. 132 of 2025 on the file of the Waqf Tribunal, Chennai.
For Petitioner(s)
: Ms.H.Jasima Yasmin
for M/s M/s.Ajmal Associates
For Respondent(s)
: Mr.D.S.Haroon Rasheed
Standing Counsel for R1 to R3
Mr.A.M.Akbar Ali for
Intervenor
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ORDER
Pursuant to order dated 23.03.2022 in W.P.(MD) No.18191 of 2019 directing the elections to be conducted by the Waqf Board under the Supervision of a retired Judge of this Court, Waqf Board has initiated the electoral process. Said electoral process is challenged on the ground that the Waqf Board does not have jurisdiction to conduct the election.
2. Appearing on behalf of the petitioner in W.P.(MD) No.18191 of 2019, Mr.A.M.Akbar Ali, learned counsel, submits that two elections were conducted pursuant to order dated 23.03.2022. He also points out that the Writ Appeal filed by one M.Jahangir against order dated
WP(MD) No. 30966 of 2026 23.03.2022 was dismissed on 28.02.2025 in W.A.(MD) No.925 of 2022.
3. Learned counsel for the petitioner submits that a review has been filed and that said review could not be taken up for hearing till date. She also submits that O.A.No.132 of 2025 is pending before the Waqf Tribunal in relation to the election.
4. Considering the fact that the election is being held pursuant to the earlier order of this Court dated 23.03.2022 in W.P.(MD) No.18191 of 2019 and said order continues to hold the field as on date, I am not inclined to exercise discretionary jurisdiction. It is also to be noted that O.A.No.132 of 2025 is pending before the Waqf Tribunal and the primary relief claimed therein is to permanently restrain the respondents from conducting elections to elect/select Hereditary Muthavali and 12 Muraikarars. Therefore, by granting leave to the petitioner to file an interim application before the Waqf Tribunal, this Writ Petition is disposed of.
5. If the petitioner were to file such application within one (1) week from the date of receipt of a copy of this order, the Waqf Tribunal shall dispose of the same within fifteen (15) days from the date of receipt in
WP(MD) No. 30966 of 2026 accordance with the proforma and notified Scheme relating to the Waqf. It is also open to the petitioner to prosecute the review application. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The Tamil Nadu Waqf Board Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai
2. The Chief Executive Officer Tamil Nadu Waqf Board No. 1 Jaffer Syrang Street Vallal Seethakathi Nagar Chennai
3. The Superintendent of Waqfs Ramanathapuram Ramanathapuram District
WP(MD) No. 30966 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 30966 of 2026 AND WMP(MD) No. 23769 of 2026 02-11-2026