In these two petitions the prayer is for the issue of a writ of mandamus under Article 226 of the Constitution restraining the respondent, Secretary of the State Wakf Board, Madras to forbear from taking any action under the Muslim Wakf Act (XXIX of 1954), in regard to the levy of contribution under the aforesaid Act for the properties mentioned in the schedule to the petitions.

The petitioners contend that in Naduhalli Village, Dharmapuri Taluk, Salem District there is a certain extent of land which has been entered in the village accounts as Kairathi Personal Inam. This property had been enjoyed by the petitioners and their predecessors-in-title for over hundred years as their personal property. The properties are not attached to any mosque or religious or charitable Muslim institution ; nor was there at any time a dedication in respect of them permanently or otherwise by any person. Nevertheless, the respondent Secretary of the Wakf Board, called upon the petitioners to render accounts on the footing that the properties are wakf properties and had been so registered under the Wakf Act and contributions are liable to be paid in respect of them to the Wakf Board. The petitio