R. Subbiah, J.

1. This Writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed by the 2nd respondent vide proceedings dated 16.04.2013 in Ni.Mu.No.4596/Aa1/2012, quash the same and consequently, direct the 2nd respondent to cancel the documents registered by the 3rd respondent in the nomenclature of "Cancellation of Settlement Deed" vide document No. 2069, dated 07.04.2010 and document No. 2407, dated 19.04.2010, executed by the 4th respondent. It is averred by the petitioner in the affidavit that she is the Muthawalli of a private Wakf namely, "Rasulullah Fathiha Wakf Trust". The said private Wakf has got landed property at T.S. No. 1639/2 (New T.S. No. 3792) to an extent of 19 cents in Ward No. 42 (previously Ward No. 10 and later on renumbered as Ward No. 6) at P.T. Rajan Road, Narimedu, Madurai. In the said land, there is a commercial complex consisting of 20 shops and the same are all in the possession and management of the petitioner. The said private Wakf has been founded by the petitioner's paternal grandfather namely, B.S. Usman and it was contended as per the norms designed by the founder and the first Muthawalli of the said private Wakf. The 4th respondent, herein who is none other than the petitioner's father, has become the successor Muthavalli of the private Wakf, after the demise of the petitioner's grandfather.

2. It is stated that as per the terms of the founder Muthawalli of the Wakf, the income derived from the said private Wakf has to be utilized for charitable works of the Wakf and the rest of income has to be utilized for the family members of the Muthawalli of the Wakf. The administration of the Wakf should be carried out by the Muthawalli of the Wakf. The appointment of the forthcoming Muthavalli of the Wakf shall be made by the outgoing Muthawalli of the Wakf, if he so decides to appoint during his life time. The out going Muthawalli can appoint one of his male or female child of his choice as Muthawalli of the Wakf and such appointment shall be made through a settlement deed duly registered in the office of the Sub Registrar.

3. It is also stated that as the 4th respondent was unable to look into the duties of the Wakf, during his life time, he had chosen to appoint the petitioner as the Muthavalli of the Wakf and accordingly, he executed an irrevocable settlement deed on 14.05.2008 in favour of the petitioner vide document No. 3286 of 2008 and also transferred his right hold of the property of the Wakf in favour of the petitioner and the same has been duly registered at the office of the 3rd respondent herein.

4. It is further stated that by virtue of the powers conferred upon the petitioner through the above said settlement deed, the petitioner has started functioning as the Muthavalli of the Wakf and has been discharging the duties of the Wakf. It is pertinent to note that the 4th respondent, while executing the above said settlement deed in favour of the petitioner, has specifically stated that at no point of time, he has any right or authority, either to modify or cancel the said irrevocable settlement deed and accordingly, without there being any impediment, the petitioner has been exercising her official duties in the capacity of Muthavalli of the Wakf.

5. It is the grievance of the petitioner that on 07.04.2010, the 4th respondent has unilaterally cancelled the above said irrevocable settlement deed vide document No. 2067. Subsequently, on the strength of the said registered cancellation deed dated 07.04.2010, the 4th respondent, without the knowledge of the petitioner has executed yet another deed, characterized as settlement deed and registered the same as document No. 2407 on 22.04.2010. All these acts have taken place without issuing any notice to the petitioner.

6. Aggrieved over the cancellation of the irrevocable settlement deed dated 14.05.2008 made in favour of the petitioner, she approached the Civ