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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
| Table of Content |
|---|
| 1. jurisdiction and appeal concerning the advisory committee of the nagore dargah. (Para 1 , 2) |
| 2. clarification of the waqf board's jurisdiction and its implications post-1996. (Para 5 , 10 , 51) |
| 3. historical significance of nagore dargah (Para 6 , 7 , 8 , 9) |
| 4. jurisdictional changes affecting waqf board (Para 11 , 12 , 13 , 14 , 15) |
| 5. court’s determination of jurisdictional authority (Para 17 , 23 , 24) |
| 6. management responsibilities of advisory committee (Para 32 , 33 , 34 , 35 , 36) |
| 7. issues arising from application to scheme court (Para 38 , 39 , 40) |
| 8. authority granted by waqf act 1995 (Para 62 , 70 , 71) |
| 9. court's resolution on jurisdictional governance and emergency administrative measures. (Para 87 , 90 , 93) |
| 10. final rulings on administrative control of waqf (Para 100 , 102) |
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
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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