H.M.Shamsuddin vs The Tamil Nadu Wakf Board

WP No. 40253 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 29/10/2026
Pronounced on : 12/11/2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 40253 of 2026
CNR:{HCMA012282892026}
AND
WMP NO. 45188 OF 2026
H.M.Shamsuddin
S/o .Haneef
President, Edgah Charities and Mosque,
Having office at Edgah Mosque Charities,
No. 9 Angappan Street,
Chennai 01
..Petitioner(s)
Vs
1. The Tamil Nadu Wakf Board
Rep. by its Chief Executive Officer,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar
Chennai -01
2. The Chief Executive officer
Tamil Nadu Wakf Board,
No.1, Jaffar Syrang Street,
Vallalseethakathi Nagar
Chennai -01
3. The Superintendent of Waqf
Chennai and Poonamalle zones,
Dr. Besant Road, Ice House,
Chennai
..Respondent(s)
Prayer: Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus to forbear the respondents 1 to 3
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from any manner initiating proceedings for appointing, removing Mutawallis,
assuming direct management or amending, or modifying the scheme of the
Edgah Charities and Mosque at Angappan street, George town, Chennai which
is governed by the scheme framed by this Honble Court in C.S.No. 159 of 1931
dated 13.11.1933 in violation of Section 66 of the Wakf Act.
For Petitioner(s): Mr.Nissar Ahamed
Sr. Advocate
for Mr.I.Kowser Nissar
For Respondent(s): Mr.Avinash Wadhwani
- - - - -
Order
This writ petition between H.M.Shamsuddin Vs. The Tamil Nadu Wakf
Board and 3 others was filed to forbear the respondents 1 to 3 from any
manner initiating proceedings for appointing, removing Mutawallis, assuming
direct management or amending, or modifying the scheme of the Edgah
Charities and Mosque at Angappan street, George town, Chennai which is
governed by the scheme framed by this Honble Court in C.S.No. 159 of 1931
dated 13.11.1933, in violation of Section 66 of the Wakf Act.
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2. Brief facts of the case are that, the petitioner claims to be the President
of the Managing Committee of the Edgah Charities and Mosque at Angappan
Street, George Town, Chennai. The Mosque is a registered and notified Waqf
bearing G.S.No.183/Chennai.
3. The petitioner claims that the Wakf is governed by a Scheme framed
by this Court in C.S.No.159 of 1931 on 13/11/1933. The administration of the
Wakf was entrusted to a Committee of seven persons holding Office for life
which was subject to resignation, permanent departure from Madras or removal
by the Court in accordance with law. The vacancies have to be filled up by co-
option of the remaining members. According to the petitioner, the Scheme is in
force and the Committee is now administering the Wakf in accordance with it.
4. The Chief Executive Officer/second respondent issued a show cause
notice on 10/1/2023 alleging certain irregularities/charges as reflected in the
show cause notice, proposing action under Section 64 of the Waqf Act. The
said show cause notice was questioned in W.P.No.2657 of 2023 mainly on the
ground that the Chief Executive Officer of the Waqf Board lacked jurisdiction
to initiate any kind of removal proceedings. The writ petition was disposed of,
on 2/2/2023, leaving it open to give an explanation. Accordingly, an
explanation was submitted on 15/2/2024. Thereafter, the Gazette Notification
dated 23/2/2024 was published. It stated that the direct Management of the
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WP No. 40253 of 2026
Wakf had been ordered with effect from 15/2/2024 and that the Executive
Officer, Chennai and Poonamallee zones was appointed as its Executive
Officer. It is relevant to extract the Gazette Notification dated 23/2/2024 for
easy reference.
Taking Over Edgah Charities and Mosque, Angappa Naicken Street,
George Town, Chennai District
(G.S.No.183/Chen) under Direct Management of Tamil Nadu Waqf Board
(Lr.No.11351/09/B9/CHEN)
No.VI-3(a)/16/2024
In exercise of powers conferred as per the provisions under Section 65 of the
Waqf Act, 1995, the Tamil Nadu Waqf Board in its Resolution Item No.311/22 I
R.C.No.11351/09/B9/CHEN dated 15/2/2024 has ordered to take over EDGAH
CHARITIES AND MOSQUE, ANGAPPA NAICKEN STREET, GEORGE
TOWN, CHENNAI DISTRICT (G.S.No.183/CHEN) under the Direct
Management of Tamil Nadu Waqf Board from 15/2/2024 and to appoint the
Executive Officer, Chennai and Poonamallee Zones Direct Management as its
Executive Officer.
R.JAINULAPTHEEN,
District Revenue Officer/Chief Executive Officer,
Tamil Nadu Waqf Board
Chennai 600 001.
rd
23 February 2024.
5. Although the Notification does not specify the duration, however, the
petitioner contends that the said Notification would be in force only for a period
of one year. Challenging the said Gazette, the Secretary of the Managing
Committee of the Wakf instituted O.A.No.42 of 2024 before the Wakf Tribunal,
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seeking a declaration that the Resolution is null and void. The said O.A is
pending adjudication.
6. The writ petitioner now seeks a mandamus forbearing the respondents
1 to 3 from initiating proceedings for appointment or removal of Mutawallis,
assumption of direct Management, or amendment or modification of the
Scheme that has been framed by this Court, on the ground that it would be in
violation of Section 66 of the Wakf Act, 1995.
7. Heard Mr.Nissar Ahamed, learned Senior Counsel for the petitioner
and Mr.Avinash Wadhwani, learned counsel for the respondents.
8. The learned counsel appearing for the petitioner contends that the
respondents continue to rely on the Resolution and Notification and are
interfering with the Committees administration. The petitioner contends that
nd
the term pursuant to the Notification is one year i.e., upto 22 February, 2025
and accordingly seeks to restrain the respondents from interfering with the
administration of the Wakf.
9. The learned counsel further submits that the Court framed Scheme has
to be followed regarding appointment, removal and the power to modify the
Scheme is exercisable only by the State Government in consultation with the
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Board. The Board or its Officers lack authority to alter the Scheme on their
own.
10. The learned counsel mainly relies upon the judgment of a Full Bench
in J.ILAYAS AND ANOTHER Vs. THE GOVERNMENT OF TAMIL NADU
AND OTHERS {W.P.(MD) No.24333 of 2025} . Counsel argued that in view
of the Full Bench judgment, the statutory proceeding notified in the gazette
have become infructuous and the period also expired. In view of the said
circumstances, the learned counsel for the petitioner prays interference of this
Court, to grant a mandamus.
11. The learned counsel appearing for the respondents would submit that
no error was committed in issuing the Gazette, and the issues now raised before
this Court are pending adjudication before the Tribunal.
12. Considered the arguments advanced by both sides and also the
documents placed on record.
13. The take over under challenge is the Board Resolution and the
published Notification. The Committee Secretary has also questioned the same
before the Wakf Tribunal in O.A.No.42 of 2024 which is pending adjudication.
The present writ is filed seeking to restrain the respondents from interference
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into the affairs of the Wakf on the ground that it is only for the State
Government that can make any kind of changes to the scheme or the
functioning.
14. Section 83 (2) of the Wakf Act, enables the Muthavalli, a person
interested in a Wakf or any other person aggrieved by an order made under this
Act to approach the Tribunal. Section 83 (5) confers the powers of Civil Court
on the Tribunal. The Tribunal is now examining the governing Scheme,
Board’s jurisdiction, Resolution, the Notification and its alleged expiry of the
term.
15. Section 65 (2) of the Act empowers the State Government to examine
the correctness, legality or propriety of the Notification issued by the Board
under sub-Section (1) of Section 65.
16. Section 66 of the Act is a material, whereby the State Government
can exercise its powers in consultation with the Board.
17. It is a trite law that while the judicial Scheme remains in force, direct
control cannot be assumed unless there is a specific modification by the State
Government under Section 66 of the Act. The said aspects can always be
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agitated by the petitioner before the Tribunal where the issues are now pending,
vide O.A.No.42 of 2024.
18. Writ Petition is dismissed on the ground of the pendency of the O.A
before the Tribunal. This Court has not expressed any opinion on the facts or
the claims made by the petitioner. The Tribunal is at liberty to consider the
issues on its own merits after hearing both the petitioner and the affected
parties. No blanket order as claimed by the petitioner can be granted in the
present writ petition. No costs. Consequently, connected Miscellaneous
Petition is closed.
(K.SURENDER,J)
12/11/2O26
Neutral Citation: Yes/No
mvs.

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WP No. 40253 of 2026
K.SURENDER, J
mvs.
Pre-delivery order made in
W.P No. 40253 of 2026
12/11/2026
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