Question of applicability of any provision would always depend upon that provision.

(W.P.No.18411 of 2001 has been filed under Article 226 of the Constitution for the issuance of writ of certiorarified mandamus calling for the records relating to the order of the first respondent, Tamil Nadu Wakf Board made on 30-5-2001 in relation to item No.121/2000/WEA.7/2000/ES/Try and item No.80/2000 in Rc.No.6831/2000/C1/Try and quash the same and direct the Board by way of mandamus to do its legal duty by forbearing from interfering with the internal administration of the Prince of Arcot Endowments and its properties in terms of compromise decree in W.P.Nos.1395 to 1397 of 1964 and as interpreted and decided by the Division Bench in W.A.2204/1987 on 13-10-1992 and which have become final between the parties.

C.R.P.No.1126 of 2002 against the order passed in I.A.No.118/2002, in Wakf CMA No.2 of 2002 dated 28.6.2002, on the file of the Principal Subordinate Judge, Tirichiraplli.

Cont.Appln.No.403 of 2002 has been filed under Sections 10 & 12 of the Contempt of Courts Act to punish the respondent for disobeying the order passed by this Court in W.A.No.2204 of 1987 dated 13.10.1992.)

P.K. Misra, J.

The facts giving rise to the filing of the present writ petition and the connected Civil Revision and the Contempt Petition are as follows: -

It is claimed by the petitioner that the properties comprised in the Prince of Arcot endowments were actually private endowments of Nawabs of Carnatic, who ruled the former Madras Presidency. Such endowments had been founded as an adjunct of their sovereign powers and therefore such endowments were not strictly speaking wakfs. While the matter stood thus, in 1801, the East India Company took over the civil administration and entrusted the administration to the Nawabs of Carnatic, who were reduced as Titular heads. In 1855, after the death of Nawab Wallajah-V, the British administration by applying the Doctrine of Lapse, took over the administration of the endowed properties. However, subsequently, Azeem Jah Bahadur by virtue of Royal Letters Patent was appointed as "Prince of Arcot" and put back in charge of villages, Mosques and endowments. Subsequently, in 1913, a suit for framing a scheme under Section 92 of the Code of Civil Procedure, 1908 was filed with the sanction of the Advocate General and a scheme had been amicably framed. While the matter stood thus, the Prince of Arcot Endowments Act, 1922 (Madras Act II of 1923), hereinafter referred to as "the Endowments Act, 1922" in short, was passed by the Legislative Council of the Madras State and on obtaining the consent of the Governor of Madras as well as Governor General of India, such act became operative. It was "an Act which provides for the better management of the charitable and religious endowments under the control of the Prince of Arcot in the Presidency of Madras". Under Section 2, the Act was made applicable to the charitable and religious endowments specified in Schedule A and Schedule B annexed to the Act. Sections 3 to 5 being relevant, are extracted hereunder: -

"3. The charitable and religious endowments specified in Schedule A shall be administered by the Prince of Arcot for the time being so far as the endowments and institutions in the district of Trichinopoly are concerned in accordance with the rules contained in Schedule C hereto or any modification thereof under section 4 of the Act and as regards all other endowments and institutions in accordance with such rules as may from time to time be made by the Local Government.

4. The rules in Schedule C except rules (1), (2), (3) and (11) may be added to or altered by the Local Government after consultation with the Prince and the committee, if any, appointed under the rules.

4-A. At least sixty days before making any rules in modification of the rules in Schedule C or for the administration of the endowments specified in Schedule B, the Local Government shall publish a draft of the proposed rules in the Fort St. George Gazette, and any person may, during the sai