JUDGMENT :

(Prayer: Civil Revision Petition under Article 227 of the Constitution of India against the fair and decreetal order in I.A.No.467 of 2019 in O.A.No.343 of 2019 dated 09.08.2019 on the file of the Hon’ble Waqf Tribunal at Chennai.)

This Civil Revision Petition has been filed against the order passed by the Waqf Tribunal at Chennai by order dated 09.08.2019 in I.A.No.467 of 2019 in O.A.No.343 of 2019.

2. The Waqf called Sitthalur Durga Waqf & Hazrath Syed Shabash Bharanesha Vaiiyulla Dargah Waqf Dargah Compound, Sitthalur Village & Post, Kallakurichi Taluk Villupuram District, is a notified Waqf. In the said Waqf, it seems that there had been an election some years back, where a committee had been elected. Among them, the first respondent has been elected as Muthawalli and he claimed to have been continuing to function as Muthawalli.

3. While making the arrangements to perform the Urs festival, the Chief Executive Officer of the Tamil Nadu Waqf Board (hereinafter referred to as ‘CEO’) ie., the second respondent herein, has appointed a nine member committee headed by one Janab J.Syed Ahmed Basha. The petitioner is one among the eight members along with the said Janab J.Syed Ahmed Basha, under whose chairmanship the committee was constituted by the proceedings of the CEO of Tamil Nadu Waqf Board in S.M.No.7775/19/A10/Villupuram dated 05.07.2019. The said order has been challenged by the first respondent before the Waqf Tribunal in O.A.No.343 of 2019, on the ground that, he acts already as a Muthawalli and it is his turn to make arrangements to perform the forthcoming Urs festival and that the order of the CEO dated 05.07.2019 is without jurisdiction, hence he has also filed I.A.No.467 of 2019 to stay the operation of the said order dated 05.07.2019. It seems that, initially an interim order of stay was granted, which has been subsequently made absolute by an order dated 09.08.2019, which is the order impugned herein, as against which the present revision has been filed.

4. I have heard Mr.Ilayaperumal, learned counsel for the petitioner, who would submit that, there had been an election few years back, where the first respondent claimed to have been elected as Muthawalli and accordingly, he has been acting as Muthawalli. Such continuance of Muthawallship by him is not approved by the Waqf Board and without being approved by the Waqf Board, his continuing as Muthawalli is unlawful and therefore, in that capacity, he cannot claim any right over the Waqf to act as Muthawalli basically, and particularly, to conduct the Urs festival, which is forthcoming.

5. Moreover, the said first respondent, though had been asked for rendition of accounts by the CEO of the Waqf Board and since accounts has not been given, action had to be taken and only in this regard, the CEO concerned, after having taken note of the developments in the Waqf and also the malfunctioning of the Muthawalli and his team, had decided to constitute an interim committee for the purpose of conducting the Urs festival and accordingly, the committee was constituted through the order dated 05.07.2019.

6. Learned counsel for the petitioner would further make his submission that for making such an order of constituting an interim committee to conduct the Urs festival, certainly the CEO of the Waqf Board has got powers under the Waqf Act. In this regard, the learned counsel would rely upon Section 25 of the Waqf Act, which reads thus,

25. Duties and powers of Chief Executive Officer - (1) subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include -

(a) investigating the nature and extent of [auqafs] and [waqf] properties and calling whenever necessary, an inventory of [waqf] properties and calling, from time to time, for accounts, returns, and information from mutawallis;

(b) inspecting or causing inspection of [waqf] properties and accounts, records, deeds or documents relating