The Waqf Board has the power of superintendence over the working of the Scheme and the authority to administer the Scheme, including the power to appoint and remove from the Office of Kalifa.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 19.01.2023 passed by the Learned Judge in W.P.No.1187 of 2023.)

D. Bharatha Chakravarthy, J.

A. Brief Facts Leading to the filing of the Appeal :

Nagore Dargah, Nagore, Nagapattinam District is a surveyed, notified, and registered Waqf bearing G.S.No.347/TNJ and Registration No.282/TNJ. The Rule of Succession to the Office of the mutawalli is the eldest male member as per custom. The Waqf is administered by a scheme decree passed by this Court in A.S.No.289 & 576 of 1948, dated 16.03.1955. Among the hereditary trustees, the appellant herein, namely, Dr.K.M. Kalifa Masthan Sahib Kadiri, is also functioning as Kalifa (leading priest) of the Dargah.

1.1 While so, on receipt of representations from the trustees dated 05.07.2022, 20.07.2022, 13.08.2022 and on the strength of the resolutions passed in the meeting of the Board of Trustees that (i) the appellant herein is illegally using the name of Dargah for his personal gain against its decorum and sanctity; (ii) he is insulting all the other Board of Trustees in a filthy language and tarnishing their images; (iii) he created discredits and chaos in the administration of Dargah; (iv) he has posted the Dargah rituals in social media like Facebook, Youtube etc., for his personal benefit and collected donations in his personal bank account; (v) he usurped the powers of the Board of Trustees to fortify his position; and the said conduct was found to be objectionable and against the interest of the Waqf, therefore, the Chief Executive Officer, Tamil Nadu Waqf Board, the first respondent herein, passed an order dated 20.12.2022. The operative portion is extracted hereunder :

“The point to be considered in this matter is that there are proved allegations against Janab. Kalifa Masthan Sahib only on his holding the post of Kalifa and not as the member of Board of Trustees. Whileso this being the internal issue resolvable within the ambit of the Board of Trustees who are authority to appoint Kalifa for Nagore Dargah as per scheme it will be appropriate for this forum to direct the Board of Trustees of Nagore Dargah to take disciplinary action against Janab. Kalifa Masthan Sahib keeping in view the sanctity of Dargah and also direct the Board of Trustees to ensure all the public donation received are brought into the bank account of Dargah only and also maintain peace and harmony in order to comply maintenance of decorum in the Nagore Dargah.”

1.2 Aggrieved by the same, the appellant preferred W.P.No.1187 of 2023 and by the Judgment under Appeal dated 19.01.2023, the learned Single Judge was pleased to hold that the Chief Executive Officer has powers to pass the order impugned in the Writ Petition. Since based on the Order of the Chief Executive Officer, a final order has been passed removing the petitioner as Kalifa, the remedy of the petitioner lies before the Waqf Tribunal under Section 83 of the Waqf Act,1995 and dismissed the Writ Petition. Aggrieved by the same, the present intra court appeal is preferred by the appellant/writ petitioner.

B. The Submissions :

2. Heard Mr. C. Selvaraj, learned Counsel, appearing on behalf of the appellant; Mr. R. Abdul Mubeen, learned Counsel, appearing for the first respondent; Mr. P.V. Balasubramaniam, learned Senior Counsel, appearing for the second respondent; Mr.Gavaskar, learned Counsel, appearing for the respondent No.12; and Mr. G. Anandaraj, learned Counsel, appearing for the respondent Nos.13 & 14.

2.1 Mr.C.Selvaraj, learned Counsel, appearing on behalf of the appellant taking exceptions to the order of the learned Single Judge submitted that there was absolutely no jurisdiction whatsoever for the Chief Executive Officer under Section 25 of the Waqf Act, 1995 to pass the order impugned in the Writ Petition. He further submitted that there are no specific provisions regarding th