IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
Syed Maskoor Mohideen, S/o.Syed Mohideen – Appellant
Versus
Tamil Nadu Wakf Board, Rep By Its Chairman – Respondent
ORDER :
N. Sathish kumar, J.
These Civil Revision Petitions arise out of a dispute over the management of the affairs of Mylapore Jumma Mosque. Admittedly, the said mosque was originally governed by a scheme framed by this court by its judgement and decree dated 22.04.1913 made in C.S.No.89 of 1910.
2.1 Syed Maskoor Mohideen, Joint Mutawalli of Mylapore Jumma Mosque Management Committee approached the Wakf Board by way of an application dated 16.11.2017 complaining about Janab K.M.Mohideen Kunhi, one of the then Mutawalli of the Management Committee of Mylapore Jumma Mosque (removed by the committee) who had refused to handover the charge to the newly appointed Janab T.S.T.Kaznavi Sahib, which was taken as item No.74/2018 - Rc.No.12933/11/B6/Che dated 21.07.2018 by the Tamil Nadu Waqf Board.
2.2 The Tamil Nadu Waqf Board, Chennai, by order dated 27.09.2018 disposed of the above mentioned application of Syed Maskoor Mohideen, which was taken on 21.07.202018 (item No.74/2018 -Rc.No.12933/11/B6/Che dated 21.07.2018 ) in the following terms:
“The century old court scheme requires a lot of changes, such charges shall be in the interest of Waqf and its properties. The properties already acqui
I.S.Ibrahim and another v. Principal Secretary to the Government and others
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 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 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 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 court reaffirmed the necessity for the Waqf Board to address complaints swiftly regarding trustees and upheld the process for appeal against removals, ensuring adherence to statutory provisions.
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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.
The Waqf Board lacks jurisdiction to conduct elections for the Mutawalli, and any scheme not complying with Section 69's inquiry and consultation requirements is rendered void.
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.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
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