T. RAJA, D. BHARATHA CHAKRAVARTHY
K. M. Kalifa Masthan Sahib Kadiri, Nagore Dargah Hereditary Trustee and Dargah Kalifa, Nagore, Nagapattinam – Appellant
Versus
Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, Mannady – Respondent
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
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