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N. SATHISH KUMAR
M. Abdul Rahim – Appellant
Versus
Chairman, Tamil Nadu Wakf Board – Respondent
ORDER :
(Prayer in W.P.No.5154 of 2022 : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records of the impugned orders i) Notice in Na.Ka.No.733/2021/B4/KPM, dated 30.03.2021 of the 2nd respondent ii) Boards Resolution in Item No.129/21 R.C.No.733/2021/B4/KPM, dated 30.09.2021 of the 1st respondent, iii) Notice in R.C.No.733/2021/B4/KPM dated 22.10.2021 of the 2nd respondent and iv) Notice in Rc.No.10287/04/B4/KPM, dated 15.02.2022 of the 2nd respondent and quash the same and consequently, permit the petitioner to submit proper representations/reply in respect of the above said matters and take a decision in accordance with law.)
(Prayer in W.P.No.25172 of 2021 : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for records of the 2nd respondent proceedings dated 30.09.2021 made in R.C.No.733/2021/B4/KPM and proceedings dated 22.10.2021 in R.C.No.733/2021/B4/KPM of the 1st respondent dated 22.10.2021 made in R.C.No.733/2021/B4/KPM and to quash the same.)
(Prayer amended vide order of this Court dated 29.11.2021 made in Additional Affida
Construction of a Waqf property without registration can occur if established as Waqf by user prior to the amendment of the Waqf Act; the appellants failed to prove a prima facie case.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
The court reaffirmed that a mutawalli's obligation to maintain proper accounts is ongoing, and direct management by the Waqf Board is warranted if mismanagement is established, regardless of prior ir....
Direct management of Waqf properties can be assumed by authorities upon evidence of mismanagement and failure to maintain proper accounts, supporting accountability mechanisms under Waqf law.
The main legal point established in the judgment is the replacement of the Scheme Court by the Waqf Board as per Section 32 of the Waqf Act, 1995, and the requirement for the Official Trustee to comp....
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
Waqf Board must follow waqf deed directions and conduct enquiry with notice before registering mutawalli.
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
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