Wakf Board can frame scheme for administering Wakf.

1. The Civil Revision Petition is directed against the order of the Wakf Tribunal (Principal Subordinate Judge), Madurai dated 16. 2006 passed in W.A. No. I of 2005.

.2. The respondents 2 to 17 herein have filed a Petition before the first respondent-Tamil Nadu Wakf Board praying to frame a scheme for the proper administration of Kazirnar Periai Pallivasal Wakf under Section 32(c) and Section 32(d) of the Wakf Act, 1995. Pursuant to the same, the Wakf Board sent a notice to the trustees on 19. 2002, enclosing the copy of the Petition filed by the respondents 2 to 17 and asked the trustees to furnish a scheme for administration of the said Pallivasal. The Trustees have opposed the said Petition contending that the management and administration of the said mosque is hereditary, carried on from time immemorial by haqdars/descendants of Kaji Tajudeen and hence the question of framing a scheme for administration of the said Mosque does not arise. However, the first respondent-Wakf Board, by its order dated 8. 2004 directed the trustees as well as the respondents to file a draft scheme for consideration of the Board. In the same order, it has been observed that regarding the issue of female member claiming the right of management, since the law does not prohibit women from holding the office of a Muthawalli, when the scheme is framed, the rights of all persons irrespective of gender can be taken into consideration at that point of time. Questioning the said order passed by the first respondent-Tamil Nadu Wakf Board, the petitioners herein being the trustees of said Pallivasal has filed W.A. No.1 of 2006 before the Wakf Tribunal (Principal Subordinate Judge), Madurai. By an order dated 16. 2006, the learned Wakf Tribunal (Principal Subordinate Judge) Madurai has confirmed the order passed by the Wakf Board. That order is under challenge by the petitioners herein, who were the appellants before the Wakf Tribunal (Principal Subordinate Judge) Madurai.

3. The case of the petitioners is that the Kazimar Periya Pallivasal is a sunni wakf. It has been in existence from the time of Pandian Kings. Properties have been dedicated to the said Pallivasal by Panidan kings and Nawabs. 14 persons have been named as beneficiaries. The rule of succession to the office of Muttavallis is stated to be hereditary and now the Mosque is managed by a committee of 14 members and among whom there is a managing trustee. The allegation of maladministration and the request for framing a scheme including non-haqdars is totally unsustainable and against the will of the Wakf, was the main substance of the argument of the petitioners herein before the Wakf Board and the Tribunal referred to above.

.4. Per contra, the respondents2 to 17 herein have pleaded before the Wakf Board and before the Wakf Tribunal that there is a total mismanagement of the wakf and income is usurped and shared by the Haqdars who are close relatives. The income is never utilised for charitable purposes and there are several allegations of misappropriation. The Haqdars have separated themselves from the trust and formed "Hazarath Kazi Tajudeen Society" which is obviously illegal. It has been further stated that the properties are only for the maintenance of an existing Mosque and for other charitable purposes. The Kazimar Big Mosque has been established by all the Muslims of the locality in a Government site which was not a private property. The present Haqdars belong to a family for whom religion is not a matter of faith alone, but profession and a commodity of business. Generation after generation, most of them depend for their livelihood by working as "Kaziz", "Pesh Imam" and by reciting "Fathihas", Moulds", etc. Hence, they prayed the Board for framing a scheme for administration of Kazimar Periai Pallivasal Wakf.

5. Ms. Nazeen, Principal, Government Arts College for Women, Ramanathapuram in a representation dated 1. 2003 stated that Khazimar Street is one of the oldest in