Madras HC Directs Waqf Tribunal To Decide Stay Plea Against Hereditary Mutawalli Appointment, Preferably Within 12 Weeks

The appellant, claiming to be the elected Mutawalli/Administrator of the Nawab Abdul Nabi Khan Mosque Waqf, challenged a Waqf Board resolution appointing the third respondent as hereditary Mutawalli and constituting a seven-member committee.

After his writ petition was dismissed, he filed an original application before the Waqf Tribunal and sought an interim stay of the Board’s resolution and consequential order.

The Tribunal issued notice on the interim application; the appellant appealed that docket order under Section 83(9) of the Waqf Act, 1995.

At the hearing, he chose to pursue the interim application before the Tribunal and asked the High Court to fix a disposal timeframe.

The appeal was brought under Section 83(9) of the Waqf Act, 1995, and the underlying original application was filed under Section 83(2) of that Act, read with Order VII Rule 1 of the Code of Civil Procedure.

The judgment cited no precedent and did not determine any substantive rule governing the appellant’s entitlement to interim relief.

The appeal concerned the Tribunal’s decision to issue notice on the appellant’s stay application.

The High Court cautioned that hearing the appeal on its merits could prejudice the appellant’s rights before the Tribunal.

The appellant therefore elected to proceed before the Tribunal and sought an expedited hearing; the respondents also undertook to cooperate.

In those circumstances, the Court considered it unnecessary to decide the merits and instead directed the Tribunal to hear the application expeditiously.

It directed the Waqf Tribunal to dispose of IA No. 452 of 2026 in OA No. 122 of 2026 as expeditiously as possible, preferably within twelve weeks of receiving a copy of the judgment.

The appeal was disposed of at the admission stage without costs, and the connected miscellaneous petition was closed.