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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
Managing Committee Nesavupettai Shafi Jamath Mosque – Appellant
Versus
A. Mohammed Abdul Khader – Respondent
ORDER :
N. SATHISH KUMAR, J.
Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O. Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif.
2. The brief facts leading to filing of this revision are as follows:
2.a. One Mr.Mohammed Thambi had executed a settlement deed in respect of one acre and seventy five cents at Salaiyur, Ilayangudi to his daughter Mrs.Mohammed Mariyath Beevi with conditions that after his demise, he has to be buried in 121*120 feet strip of land, to lit a lamp regularly in his tomb and in the remaining place, a building shall be accommodated so as to conduct prayers regularly and shall offer fathiha and carried out sandals during mouludh and shall carry out activities as per islamic law. There was a
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 lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
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 holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
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