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M. NIRMAL KUMAR
K. SahulHameed – Appellant
Versus
Chairman, Tamil Nadu Waqf Board, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned proceedings vide Se.Mu.Order:4367/A3/21/Siva, dated 14.09.2021 passed by 2nd respondent and quash the same.)
The petitioners, who are the Secretary, Treasurer, Vice President and Joint Secretary of the A1 Jamiul Munavvar Masjid Jamath Committee Wakf, Kattuthalaivasal, Karaikudi, have filed this Writ Petition challenging the proceedings in Se.Mu.Order:4367/A3/21/Siva, dated 14.09.2021 passed by 2nd respondent.
2. For the sake and convenience and clarity, the A1 Jamiul Munavvar Masjid Jamath Committee Wakf, Kattuthalaivasal, Karaikudi is referred to as 'Jamath Committee'.
3. The case of the petitioners is that the Jamath Committee Wakf is notified and registered wakf in G.S.No.235/RMD/2021 under the supervisory control of the Tamil Nadu Wakf Board. The Jamath committee used to perform religious duties of Muslim community people for several years and there are more than 400 families attached to the Jamath Committee. Since inception, the Jamath Committee members for the petitioners' wakf are selected during the Ge
The central legal point established in the judgment is the requirement for fair enquiry and proper procedure before removing office bearers, as mandated by the Wakf Act.
The court emphasized the authority of the Wakf board to conduct elections and the specific purpose and duration of the Adhoc Committee's appointment.
The main legal point established in the judgment is the importance of fair panels and the mandatory election process under Section 5(2) of the Andhra Pradesh Wakfs Managing Committee Regulations, 200....
Waqf Board has the authority to appoint management committees and aggrieved parties can appeal decisions under Section 83 of the Waqf Act, ensuring compliance with statutory provisions for governance....
The main legal point established in the judgment is the court's intervention to facilitate the election process due to the non-functionality of the Waqf Tribunal and the irregularities in the prepara....
Direct management of a Wakf is permissible when no governing body exists due to expired terms, necessitating timely elections per amended governance rules.
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