Abdul Wahab vs The Tamil Nadu Waqf Board

Court
Madras High Court

CMA No. 3551 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 3551 of 2026
CNR:{HCMA012493422026}
AND
CMP NO. 28969 OF 2026
Abdul Wahab
S/o Abdul Samad,
Mutawalli,
Nawab Abdul Nabi Khan Mosque Waft,
Residing at Old No.12 New No.32,
Muthu Manickam Street,
Chidambaram-608 001.
Cuddalore District.
..Appellant(s)
Vs
1. The Tamil Nadu Waqf Board
Rep.by its Chief Executive Officer,
No.1 , Jaffr Syrang Street,
Vallal Sethakathi Nagar,
Chennai- 600 001.
2. The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai- 600 001.
3. Mohammed Ubaidullah,
S/o Kather Gouse,
Residing at No.15/30
Guru Ayyar Theru,
Chidambaram- 608 001.
4. S.Mohamed Shafiyullah,
S/o Babu,
Aabathanapuram Vadalur Post,
Cuddalore District.
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CMA No. 3551 of 2026
5. I. Mohamad Shafiyullah,
S/o Inayathulla
Aabhathanapuram,
Vadalur Post,
Cuddalore District.
6. E.S.Mohamed Ali,
S/oMohamed Ishak,
Kaatu Bava Lane,
Chidambaram- 608 001.
7. M.Mohamed Hussain,
s/o Moideen Basha,
No.30/5, Lal Khan Street,
chidambaram- 608 001.
8. S.Humayun
S/o Adul Sardar,
No.18/05,
Periyavaaniyath Street,
Chidambaram- 608 001.
9. A.M.Arifullah,
S/o Moideen Khan,
Kasi Pillai Lane,
Chidambaram- 608 001.
..Respondent(s)
CMA No. 3551 of 2026
Civil Miscellaneous Appeal filed under Section 83[9] of the Waqf Act, 1995, to
set aside the order passed in I.A.No.452 of 2026 in O.A.No.122 of 2026 dated
10.09.2026 consequently to grant an order of ad-interim stay of the operation
and all further proceedings pursuant to the Resolution in Item No.42/25 dated
st
17.04.2025 passed by the 1 respondent Board and the consequential order by
nd
the 2 respondent in Na.Ka.No.9318/08/Aa10/Kada dated 22.05.2025, pending
disposal of OA.No.122/2026 on the file of the Tamil Nadu Waqf Tribunal,
Chennai.
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CMA No. 3551 of 2026
CMA No. 3551 of 2026
For Appellant(s): Y.Kajanavas
For Respondent(s): MRS.RAJESWARI KARTHIKEYAN,
FOR TNWB FOR R1 AND R2
MR.N.I.NISSAR AHMED , SENIOR
ADVOCATE
FOR MR.I.Abdul Basith
Counsel for Caveator for RR 3 to 9
Judgment
(1) Mrs.Rajeswari Karthikeyan, learned Standing counsel accepts notice on
behalf of the respondents 1 and 2 and Mr.I.Abdul Basith, learned counsel
accepts notice on behalf of the respondents 3 to 9.
(2) With the consent of the learned counsels on both sides, the appeal is taken
up for final hearing and is disposed of by this judgment.
(3) The Civil Miscellaneous Appeal is filed against the docket order dated
10.09.2026 passed in IA.No.452/2026 in OA.No.122/2026, directing
issuance of notice to the respondents in the Interlocutory Application.
(4) The appellant, claiming to be the elected Muthawalli / Administrator of
Nawab Abdul Nabi Khan Mosque Waqf, Chidambaram, filed the
Original Application in OA.No.122/2026, under Section 83[2] of the
Waqf Act, read with Order VII Rule 1 of the Code of Civil Procedure,
st
challenging the Resolution passed by the 1 respondent in Item No.42/25
nd
dated 17.04.2025 and the consequential proceedings of the 2 respondent
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CMA No. 3551 of 2026
rd
in Na.Ka.No.9318/08/Aa10/Kada dated 22.05.2025, appointing the 3
respondent as the Hereditary Muthawalli and constituting a 7 Member
Committee with non-hereditary members. The appellant states that for
more than four decades, he was solely managing the day-to-day
administration of the Jamath without any interruption or hereditary
lineage claims. The appellant states that he was unanimously elected by
the Jamath by Resolution dated 27.04.2024 and has been discharging his
duties diligently. The appellant states that to his shock, the respondents 1
and 2 passed the impugned Resolution dated 17.04.2025 and the
consequential order dated 22.05.2025, appointing the respondents 3 to 9
herein, as the Muthawallis of the Waqf. The appellant further states that
earlier, he had approached this Court by filing WP.No.44468/2025 and
the writ petition was dismissed by this Court on 01.06.2026. Against the
dismissal of the writ petition, the appellant preferred a Writ Appeal in
WA.No.1494/2026 and in the said Writ Appeal, the appellant was granted
liberty to approach the Waqf Tribunal, to decide the issues raised in the
writ petition. The appellant states that pursuant to the impugned orders,
the respondents were taking emergent steps to enforce the aforesaid
orders and therefore, he filed IA.No.452/2026 in OA.No.122/2026, for
ad-interim stay of the operation and all further proceedings pursuant to
the Resolution dated 17.04.2025 and the consequential order dated
22.05.2025. In the said Interlocutory Application, notice was issued to
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CMA No. 3551 of 2026
the respondents. Aggrieved by the docket order, directing issuance of
notice to the respondents, the appellant has preferred the above appeal.
(5) When the matter was taken up for admission, this Court informed the
learned counsel for the appellant that if the matter is to be heard on
merits, then it may prejudice his rights in the Interlocutory Application
and therefore, the learned counsel was given an option, either to contest
the matter before this Court or to contest the same before the Tribunal.
(6) The learned counsel for the appellant opted to go before the Tribunal and
prayed that time frame may be fixed for the disposal of the Interlocutory
Application.
(7) In view of the fact that the learned counsel has opted to approach the
Tribunal, this Court is of the view that it is not necessary to enter into the
merits of the case and it would suffice if a direction is issued to the Waqf
Tribunal to expedite the hearing of IA.No.452/2026.
(8) Both the learned counsel appearing for respondents 1 and 2 as well as the
learned Senior counsel appearing for the respondents 3 to 9 submit that
the parties will cooperate for the expeditious disposal of IA.No.452/2026.
(9) In view of the aforesaid circumstances, a direction is issued to the Waqf
Tribunal to dispose of IA.No.452/2026 in OA.No.122/2026, as
expeditiously as possible, preferably within a period of twelve weeks
from the date of receipt of a copy of this judgment.
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CMA No. 3551 of 2026
(10) The Civil Miscellaneous Appeal is disposed of at the admission stage.
No costs. Consequently, the connected miscellaneous petition is closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AP
To
1.The Chief Executive Officer,
Tamil Nadu Waqf Board
No.1 , Jaffr Syrang Street,
Vallal Sethakathi Nagar,
Chennai- 600 001.
2.The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai- 600 001.
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CMA No. 3551 of 2026
N.MALA J.
AP
CMA No. 3551 of 2026
AND
CMP NO. 28969 OF 2026
27-10-2026
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