The writ petitioner-Haji B.Pakkir Mohammed, who is the president of Madrasa-E-Merjul-Uloom @ Islamia Kalvi Sangam at Dharmapuri (hereinafter referred to as 'Sangam'), has filed W.P. No.21750 of 2010, questioning the Resolution, dated 06.07.2010, of the Chairman of the Wakf Board, (communicated to the petitioner on 19.07.2010), whereby, the Application, dated 31.05.2005, submitted by the petitioner-Sangam, with the claim that the petitioner/sangam is not a wakf, came to be rejected, based on the earlier order/Scheme framed by the Special Officer of the Tamil Nadu Wakf Board bearing R.C. No.3598/85/B2/Dhar/85, dated 22.09.1992, thereby, the Islamia Kalvi sangam was amalgamated along with (a) Mohamed Ali Memorial Club, (b) Madrasa Mehrajul Uloom, and (c) Masjid-e-Bilal as one Single Wakf, called ‘Moulana Mohamed Ali Munnetra Sangam’. Hence, both the proceedings, dated 06.07.2010 and 22.02.1992, are sought to be quashed.

In W.P. No.15177 of 2010, the very same petitioner challenges the proceedings of the Wakf Board, dated 29.04.2010, bearing Na.Ka. No.3598/85 A6/Dharmapuri (S. No.12, Resolution No.80/10) and the consequential proceedings, dated 03.06.2010, of the Chief Executive Officer, TN Wakf Board, in and by which the Board assumed direct Management of the Sangam as well as the other three wakfs in terms of what is provided under Section 65 of the Wakf Act, 1995, by appointing the Superintendent of Salem Wakf as the Administrative Officer and calling upon the erstwhile Managements including the petitioner-Sangam to render the accounts, etc.

One Mr.D.S.Khalandar, Secretary of the Sangam/Society, has filed CRP (NPD) No.3713 of 2010, seeking to set aside the judgment and decree, dated 23.03.2010, passed by the learned Principal Subordinate Judge, Krishnagiri, in W.O.S. No.90 of 2006, whereby, the plaintiff-Sangam's prayer to exclude it from the purview of wakf and to grant injunction, restraining the Wakf Board from interfering with the Management of the Sangam, was negatived.

2. Since the above two Writ Petitions and the Civil Revision Petition are interconnected and the issues arising therein need a common consideration, the cases are heard together and finally, disposed of by this Common Order.

3. Certain crucial facts necessary to understand the nature of issues arising in the cases are briefly detailed below, for better appreciation:-

Mohammed Ali Memorial Club Wakf, Dharmapuri, a Surveyed and Notified Wakf vide Gazette Sl. No.41 of Dharmapuri, was initially managed by a Committee headed by one Janab D.S.Naseer Ahamed. The land belonging to the said Wakf was leased out to the petitioner-Sangam, a Society registered under the Societies Registration Act. On the leased land, the Society constructed shops and buildings and, there is also an Arabic College called Madrasa-e-Mehrajul Uloom under the management of the Society.

It is the case of the Sangam-Society that it was established with four objects viz., to impart religious education, found Madrasas, help the needy to pursue studies in Medicine and Engineering and to take part in cultural activities and, in order to achieve those objectives, the Society has been raising funds through subscription from its members, donation from philanthropists, rental income from the leasehold properties etc. It is the further case of the Sangam that the Society has a General Body, Executive Committee and Office Bearers and it is periodically submitting the Returns with the Registrar of the Co-operative Societies.

While so, on 16.03.1992, the Government of Tamil Nadu issued a Gazette Notification in G.O. No.163, stating that the State Government had taken a policy decision to take over the management of the Tamil Nadu Wakf Board, and consequently, appointed a Special Officer for a period of one year and the said Special Officer went exhaustively examining the acts done by the previous Managements. In the matter of the Wakf in question, the Special Officer, after receiving representations f