The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.

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 acquired by the Government and compensation paid are not properly accounted for and it is also noticed that a huge extent of waqf property is allowed to encroach by the third parties by the present committee. Therefore, the court scheme framed in C.S.No.89 of 1910 is hereby cancelled under Section 69 (2) of the said Act with an object to frame new scheme for the administration of the said waqf suo motu by the Board or an application of interested persons within the frame work of the WAQF ACT , 1995.

The Superintendent of Waqf, Chennai, is hereby appointed as Executive Officer of the above waqf under Section 65(5) of the WAQF ACT , 1995. Further, the Board is of the view that new scheme in accordance with WAQF ACT will have to be framed suo motu by the Board or on application of not less than five persons interested within one year and administration shall be handed over to the new committee in accordance with the provisions of the new scheme. Accordingly, the Executive Officer is directed to frame a draft scheme for the administration of the waqf, affixing the same on the notice board of the waqf inviting objections and suggestions and submit to the Board for approval.

The removed mutawalli is directed to hand over all the records and keys of the Waqf to the Executive Officer appointed under Section 65(5) of the WAQF ACT , 1995.

The petition filed by Janab K.M.Mohideen Kunhi is rejected on merit. The committee is also directed to hand over charge of the Waqf to the Executive Officer appointed by the Board, failing which action will be pursued under the provisions of the WAQF ACT .”

2.3 Challenging the above-mentioned order of the Waqf Board dated 27.09.2018 made in item No.74/2018 - Rc.No.12933/11/B6/Che dated 21.07.2018, Syed Maskoor Mohideen, Joint Mutawalli of Mylapore Jumma Mosque/Managing Committee of Jumma Mosque insofar as dissolving the Managing Committee of Jumma Mosque and assuming direction management and also cancelling the scheme framed by decree dated 22.04.1913 in C.C.No.89 of 2010 moved an Auqaf Appeal in A.A.No.6 of 2018 before the Tamil Nadu Waqf Tribunal, Chennai, while the then mutawalli Janab K.M.Mohideen Kunhi (removed mutawalli) moved an Auqaf Appeal challenging the order of the Tamil Nadu Waqf Board, Chennai, dated 29.07.2018 made in Item No.74 of 2018 in Rc.No.129933/11/B6/Chennai.

2.4 The Tamil Nadu Waqf Tribunal, Chennai, held that the power to modify or cancel or settle the scheme is vested only with the State Government and not with the Board and that the board has exceeded its jurisdiction in cancelling the entire scheme with a view to settle a new scheme for the waqf; and thus, by its separate order dated 19.03.2020 disposed of