ORDER :

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order made in O.A.No.21 of 2021, dated 28.02.2022 and made in, on the file of the Tamil Nadu Waqf Tribunal, Chennai.

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order made in O.A.No.41 of 2021, dated 28.02.2022 and made in, on the file of the Tamil Nadu Waqf Tribunal, Chennai.

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order made in O.A.No.25 of 2021, dated 28.02.2022 and made in, on the file of the Tamil Nadu Waqf Tribunal, Chennai.

These Civil Revision Petitions are filed challenging the order passed by the Wakf Tribunal, dismissing the original application filed by the petitioner, challenging the appointment of respondents 3 to 11 as Trustees of Adirampattinam Madarasatul Salahifi Aththarameel Falahi @ M.K.N. Madarasa Trust, Adirampattinam in CRP.Nos.964 and 1333 of 2022, the order passed by the Tamil Nadu Wakf Board appointing respondents 3 to 11 was challenged before the Wakf Tribunal.

2. In C.R.P.No.1311 of 2022 in addition to the order dated 23.02.2021 passed by the Wakf Baord, the petitioner challenged the order passed by the 12th respondent therein dated 22.02.2021 as confirmed by email dated 01.03.2021. For convenience, parties are referred as per the rank in

3. The Adirampattinam Madarasatul Salahifi Aththarameel Falahi @ M.K.N. Madarasa Trust, Adirampattinam was founded by Khadir Mohideen Marakayar, nearly a century ago and he endowed vast extent of wet and dry land measuring about 1500 acres, with the noble object of providing religious education through Madarasas. The management of the wakf is vested with a committee consisting 9 trustees, of them 6 are hereditary trustees and three trustees are non hereditary trustees. The District Court, Tanjavur framed a scheme for the proper administration of the Wakf in a suit filed under Section 92 of CPC in O.S. No.21 of 1952. The scheme was subsequently amended in the year 1954 and the same was also confirmed by the Apex Court. Subsequently, a fresh scheme decree was passed in O.S.No.6 of 1970 amending the original scheme. As per the scheme decree, the District Court, Thanjavur had been actually nominating the trustees once in three years.

4. After coming into force of new Wakf Act in the year 1995, the power to frame scheme and nominate trustees as per the scheme in respect of the Waqf's in India was vested with the respective Wakf Boards. The provisions of the said Act was challenged before this Court in a Writ Petition W.P(MD).No.15524 of 2012. The said writ petition along with the Civil Revision Petitions challenging the appointment made by the Principal District Judge, Tanjavur, dated 21.09.2012 was considered by this Court and the validity of the statutory provisions vesting the power of appointing Trustees to the Wakf by the State Waqf Boards was upheld. The Division Bench of this Court, while upholding the vires of the Act also set aside the appointments made by the Principal District Judge, Tanjavur and directed Tamil Nadu State Wakf Board to appoint the Trustees. The relevant portion of the order passed by this Court is as follows:

“Therefore, while allowing the Civil Revision Petitions, we direct the Tamil Nadu Wakf Board to appoint trustees to the Trust in question, strictly in accordance with the directives, contained in the deeds of trust and also keeping in mind the manner in which the Civil Court had handled the question of appointments in the past. The Wakf Board shall complete the exercise and appoint trustees after giving opportunities to all parties concerned within a period of three months from the date of receipt of a copy of this order. Till then, the shall continue to be in force. No costs.”

Thereafter, the appointments were made to the Wakf by the Tamil Nadu State Waqf Board from time to time.

5. As per the scheme, the