The Board has the power to appoint an Enquiry Committee to conduct an inquiry into the management of a wakf under Section 45(1)(b) of the Wakf Act.

The above Writ Petition has been filed for the issue of a Writ of Certiorari to call for and quash the orders of the first respondent in W.A. No. 10/B. 7/72/Try dated 23-12-1982.

2. Philanthropist by name Janab Khader Mohideen alies Chinnatha Rowther of Aravakurichi, Karur Taluk, Trichy District said to have created a wakf deed dated 5-9-1919 dedicating certain properties and cash of Rs. 1, 500/- for the following objects :-

"(1) To run the Madrasa, Madrasathul Muhammedia established by the founder of the Wakf in 1903.

(2) To provide books to the poor students of the said Madrasa.

(3) To provide for the funeral expenses of the poor.

(4) To provide for the expenses of Haj Pilgrims.

(5) To provide for the marriage expenses of poor girls.

(6) To provide for the Ramzan Musafirs.

(7) To provide for recitation of moulood and for feeding miskeens (poor) during the Muharram, Rabiul Avval, Rabiul Akir, Jamathul Akhir and Rajab months." *

According to the wakf deed, it appears that the founder appointed himself as the first Muthavalli of the wakf till his lifetime and further provided that thereafter his eldest son should be the Executive Muthavalli and the other sons were to function as ordinary Muthavallis. After the lifetime of the sons, the eldest grand-son or sons through each of their family should be the Muthavallis and if any of them alienated or attempted to alienate the properties given under the wakf or mismanaged the wakf, they should be removed from the management of the wakf. Admittedly, the original wakf, died in the year 1939 and his eldest son died in 1960. The other sons are said to have pre-deceased the eldest son.

According to the petitioners, after the death of the eldest son, the petitioners and 5 other grandsons were in joint management and have been performing the charities and carrying out the mandates of the wakf without room for any complaint. Whileso, respondents 2 to 5 have filed Application No. W.A. 10/B.7/72/Try, before the Board bringing it to the notice of the Board that none of the objects of the wakf were carried out by the respondents to the said application, that the original founder and his sons alone performed the charities, that thereafter, the grand-sons of the founder stopped performing the charities and divided the income of the property among themselves, that there was an attempt on their part to sell also some of the wakf properties, and that the building where the Madarsa was originally conducted has been allowed to become dilapidated and the same was not being used as Madarasa. It was also stated in the said application that the property given under the wakf be worth more than Rs. 2 1/2 lakhs with an annual income of more than Rs. 10, 000/- and that the respondents before the wakf board neither had the wakf registered nor submitted any accounts or paid any contribution to the Board. Consequently, it was prayed that the respondents before the Board be removed from the management, a scheme be framed, the respondents before the Board be directed to furnish accounts and that the management of the wakf be taken over under the control of the Tamil Nadu Wakf Board and a Committee constituted for the management of the wakf.

3. The respondents before the Board filed a counter affidavit, while admitting the objects of the wakf as well as the rule of succession referred to by the petitioners before the Board, it was contended that the cash of Rs. 1, 500/- was never handed over to the successors by the wakf on his demise in the year 1939, that the charities were being performed till 1950 by the sons of the wakf, that even during the lifetime of the founder, there was dearth of pupils and the Madarsa was abandoned and not run and the same was never in existence for more than 50 years. it was also contended that there were a number of Madarasas in Aravakurichi and the starting of another one was found to be superfluous and the building now is being used as Musafarkhana for the past many decades, that a