A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.

ORDER :

Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 23.12.2022 and made in O.A.No.57 of 2022 on the file of the Tamil Nadu Waqf Tribunal, Chennai.

This Civil Revision Petition arises against the order passed by the Tamil Nadu Waqf Tribunal in O.A.No.57 of 2022 dated 23.12.2022. O.A.No.57 of 2022 arose against the order passed by the Tamil Nadu Waqf Board on 01.06.2022.

2. The prayer that was sought for in the original application was to set aside the order of the Waqf Board and for a mandatory injunction directing the Waqf Board to recognize Janab Habib Mohamed Tahir Bijli (hereinafter referred to as 'Habib Mohamed') as the Mutawalli of the Hazrath Moulana Dargah situated at No.113A, New No.235, Linghi Chetty Street, Chennai-600 001 and for permanent injunction restraining the Masjid-e-Mamoor Committee from interfering with the peaceful management of the Hazrath Moulana Dargah which is being managed by Janab Habib Mohamed and for consequential orders.

3. Before I get into the nitty-gritty of this revision, it would require history of the institutions that are involved in the said litigation.

4. There exists a mosque in George Town in the name and style of Mamoor Mosque, today called as Masjid-e-Mamoor. This mosque was created by the Prince of Arcot several centuries ago. The then Prince of Arcot and his successors were the Mutawallis of the said institution. Alleging that there was mismanagement of the institutions under the management of Prince of Arcot, the Colonial Government brought about the Prince of Arcot Endowments Act of 1922. This Act was enacted for the purpose of providing better management of the charitable and religious endowments under the control of the Prince of Arcot in the then State of Madras. After the passing of the Tamil Nadu Adaptation of Laws Order of 1969, the State of Madras came to be substituted as State of Tamil Nadu. This Act covers several institutions in its Schedule. Schedule A of the Act relates to the list of properties which were in the then Trichinopoly District. Insofar as the properties in Madras were concerned, they were covered under Schedule B. The Mamoor Mosque is found in Schedule 'B' item 10 to the said Act. By virtue of this legislation, the administration of the charitable endowments fell under the power of the State of Tamil Nadu. A Scheme of management was devised under Schedule 'C' which continues to govern the institutions.

5. Sometime in the early 20th century, one Qutubul Akhtab Harzrath Hafiz Quari Syed Habib Mohamed Hasan Qadiri Baghdadi Chishti (hereinafter referred as Hasan Moulana or Baghdadi Peer) was working as Imam of Mamoor mosque. He is believed by several persons, including the second respondent, as a Saint. He belonged to Qadiri Tareeqa and therefore had considerable followers in that tradition of Islam. I should add here that Masjid-e-Mamoor follows the Sunni School of Islam, to which Hasan Moulana belonged. His followers believed that he attained union with the Almighty on 04.02.1949 while he was at his temporary residence at Vaniyambadi. It was his wish that his mortal remains be interred within the precincts of Masjid-e-Mamoor. Therefore, the spiritual successor viz., Hakeem G.Abdul Hameed made a request to the management committee of Masjide- Mamoor that the mortal remains of Hasan Moulana be interred there. Respecting the wish of the Saint, the request of Hakeem G.Abdul Hameed was accepted and the mortal remains of Hasan Moula were interred within the precincts of Masjid-e- Mamoor. There were no issues between 1949 and 1959.

6. However, treating the institution as a separate institution where Hasan Moulana was interred, though it is a part of Masjid-e-Masoor, the Tamil Nadu Waqf Board issued a notice to Janab Hakeem G.Abdul Hameed in terms of Section 25 of the Waqf Act of 1954. Receiving a notice from the Waqf Board, the said Hakeem G.Abdul Hameed filed an application for registra