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V. LAKSHMINARAYANAN
Masjid-e-Mamoor Committee – Appellant
Versus
Hasan Moulana Dargah – Respondent
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 exi
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
The Mutawalli's role is managerial and does not grant the authority to file suit on behalf of a mosque, which can only be done by the Waqf Board.
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
The Waqf Board has the authority to remove a Mutawalli under the Waqf Act and appoint an Executive Officer in the interest of the Waqf, affirming the integrity of procedural statutory provisions.
The main legal point established in the judgment is the exclusive jurisdiction of the Waqf Board in managing waqf properties, as well as the inapplicability of the Societies Registration Act, 1860 in....
Declaratory suit – Unless plaintiff in a suit which claims to be a society, demonstrates that it is a registered entity and that person who signed and verified pleadings was authorised by bye-laws to....
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