ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Scheme dated 12.07.2022 framed by the 2nd Respondent with regard to the administration of Kazimar Periya Pallivasal, Madurai and its properties situated at Madurai District and the consequential notification notified by the 1st Respondent in Tamil Nadu Government Gazette Published on 24.08.2022 and quash the same and consequently direct the 2nd Respondent to frame a new Scheme exclusively inculpating HAQDARS alone for causing the administration of the aforesaid Pallivasal and its properties to be made.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to the impugned Scheme dated 12.07.2022 framed by the 2nd Respondent with regard to the administration of Kazimar Periya Pallivasal Wakf, Madurai and its properties and the consequential notification published by the 1st Respondent in the Tamil Nadu Government Gazette dated 24.08.2022 and quash the same.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to the impugned Scheme framed by the 1st Respondent vide resolution number 178/12 (Na.Ka.No.13575/02/A8/Madurai dated 12.07.2022 and the consequential notification of the same in the Tamil Nadu Government Gazette in Lr.Rc.No. 13575/02/B8/MDU dated 18.08.2022 and quash the same.

The challenge in the three writ petitions relate to the validity of the impugned Scheme dated 12.07.2022 framed by the Wakf Board (herein after referred to as the "Board") and the consequential notification published in the Tamil Nadu Government Gazette dated 24.08.2022, in respect of Kazimar Street Peria Pallivasal (hereinafter referred as the ‘Subject Wakf’). The three writ petitions are thus taken up and heard together.

2. The impugned Scheme is challenged as a nullity and non-est in law inasmuch as the same was made by the Board in gross disregard and contrary to the mandate contained in Section 69 of the Wakf Act, 1995 (herein after referred as the "Act").

3. It may be relevant to set out briefly about the petitioners in the three writ petitions.

a) In W.P.(MD).No.24409 of 2022, the petitioner is stated to be a Haqdar and had filed the writ petitions on behalf of four others who are also stated to be Haqdars who had submitted Draft Scheme in respect of the Subject Wakf, and claiming to have right over the administration of the "Subject Wakf".

b) Insofar as W.P.(MD). No. 25792 of 2022, the challenge to the impugned Scheme is on the basis that the petitioner was the Mutawalli of the Wakf. The petitioner and his predecessors in office had been in administration of the Wakf, during the pendency of the previous litigation till handing over/taking over of the management of the Wakf pursuant to the orders of this Court in W.A. (MD). Nos. 702 and 703 of 2016 dated 25.09.2018.

c) In W.P.(MD).No.25763 of 2022, the writ petition is filed by Haqdars on the grounds similar to the petition in W.P.(MD). No. 25792 of 2022.

3.1. It may be relevant to note that the petitioners in all the three writ petitions are Haqdars who had admittedly submitted Draft Scheme under Section 69 of the Act and applicants in view thereof.

4. Before proceeding further it may be relevant to set out briefly the nature of the Wakf and also the history of the litigation leading upto the present writ petition to understand/appreciate the background to the present lis.

5. NATURE OF THE WAKF

The Kazimar Periya Pallivasal Wakf (herein after referred to as "Subject Wakf”), was established in the year 1284 AD and has been in existence for more than seven centuries. The Subject Wakf had been administered for the past 700 years by the beneficiaries/ service providers of the Wakf viz., Haqdars. The Haqdars are a small group of families in Mad