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C. SARAVANAN
O. M. A. Udhuman Mydeen – Appellant
Versus
Chief Executive Officer, The Tamil Nadu Wakf Board, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed for issuance of a Writ of Certiorari, to call for the entire records pertaining to the impugned notice passed by the first respondent vide her proceedings Ref.No.R.C.No.6211/12/B1/TNV, dated 24.02.2022 and quash the same.)
1. In this Writ Petition, the petitioner O.M.A. Udhuman Mydeen has challenged the impugned notice dated 24.02.2022 of the first respondent Chief Executive Officer, Tamil Nadu Wakf Board. By the impugned notice dated 24.02.2022, the petitioner herein and others including the third respondent herein O.M.S.Hasan Magdhoom Alim have been called to appear before the first respondent Chief Executive Officer, Tamil Nadu Wakf Board with all relevant documents in their possession, failing which, the matter will be decided in their absence.
2. The dispute in this Writ Petition pertains to Naina Mohammed Periya Kuthuba Pallivasal. The petitioner's and the third respondent's paternal grandfather namely, O.M.S.Syed Masood Alim Sahib was the Hereditary Mutawalli of three Wakfs, namely (i) Syed Masood Nayagam Darga, (ii) Uduman Labbai Shiek Taikkal and (iii) Naina Mohammed Periya Kuthuba Pallivasal. Present dispute pertains to Naina Mohammed Pe
The appointment of Mutawalli is not by rule of primogenitor and must be based on the person's competence.
The main legal point established in the judgment is the lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
The Board has the power to appoint a Mutawalli under Section 42 of the Wakf Act, 1954, when there is a vacancy in the office of the Mutawalli and there is no one to be appointed under the terms of th....
The appointment of Mutawalli for the Wakfs is governed by custom and usage and should be held as a hereditary right by only the family members belonging to Mookane family. The Wakf Act, 1995 recogniz....
The judgment establishes the principle that a petitioner must demonstrate injury or violation of legal rights to have locus standi to challenge an appointment, and waiver of specific rights may impac....
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
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