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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
B.T.Noordeen – Appellant
Versus
Managing Trustee, Nagore Dargah Sheriff – Respondent
ORDER :
V.LAKSHMINARAYANAN, J.
This civil revision petition challenges the proceedings of the District Court, Nagapattinam, in D.No.2587/A/2024 dated 13.03.2024.
2.By that proceeding, the learned District Judge, Nagapattinam, had called persons to apply for appointment to the Advisory Committee of the Nagore Dargah. Aggrieved by the same and pleading that it is only the Tamil Nadu Waqf Board which has the jurisdiction to call for such applications, the civil revision petition has been presented.
3.Pending the proceedings, I impleaded the Tamil Nadu Waqf Board as a party to the proceedings. This is by virtue of Section 90(1) of the WAQF ACT , 1995. This order was challenged before the Supreme Court in S.L.P.Nos. 22191 & 22192 of 2024 and by an order dated 04.10.2024, the SLPs were dismissed. At the time of dismissal of the SLPs, it had been urged that I should not hear the matter, because earlier, I was a Standing Counsel for the Tamil Nadu Waqf Board and had represented the Board in matters relating to Nagore Dargah. The Supreme Court permitted the 1st respondent herein to raise this issue before me, at the time of hearing, of the revision.
4.When I took up the revision for hearing, Mr.
The Waqf Board has exclusive jurisdiction to oversee the Nagore Dargah management under the WAQF ACT, 1995, and the District Court cannot exercise jurisdiction over Waqf matters.
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 cannot bifurcate results from common elections for multiple Waqfs; elected committees hold vested management rights despite the existence of ad hoc committees.
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The Waqf Board has the power of superintendence over the working of the Scheme and the authority to administer the Scheme, including the power to appoint and remove from the Office of Kalifa.
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 Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
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