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.

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 1^st 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.A.K.Sriram, learned Senior Counsel representing Mr.R.Vasudevan, submitted on instructions, that he is not pressing the objection that I should not hear the revision. He stated that his client has no objection if I were to hear the matter. The other counsels too requested me to hear the matter.

5.Apart from this, the Supreme Court in R.Balakrishnan Pillai Vs. State of Kerala , [ (2000) 7 SCC 129 ], has concluded that a Judge need not recuse himself from hearing a matter merely on account of having appeared as an Advocate for one of the parties therein. The Court was of the opinion that the Judge having represented one of the parties on an earlier occasion would not mean that the Judge would have a personal interest or connection with such parties, and hence would be biased towards them. Such a recusal would undermine the independence of Judiciary. Hence, I took up the revision for final disposal.

6.There is in existence in the town of Nagore, a very important religious institution by the name “Nagore Dargah”. It has been founded in the memory of Hazrath Syed Shahul Hameed Qadir Wali. This saint is proclaimed to be one of the descendants of the Holy Prophet Muhammad. After having undertaken travel across the world, he came to Tanjore. At that time, the then King Achuthappa Nayak was suffering from serious illness. The said King approached several doctors, but it was of no avail. Pain and suffering continued. Finally, he turned to Hazrath Syed Shahul Hameed Qadir Wali, who was able to perceive that hexerei had been practised on the King. He was able to trace the source of the sorcery. While removing the source of affliction, it resulted in the improvement of the health of the King. As a mark of gratitude, the King granted vast extents of land to Hazrath Syed Shahul Hameed Qadir Wali. The Saint later went to meet his maker and thereafter, a Tomb has been raised on that land. It is today a place of pilgrimage not only for Muslims, but also for those belonging to