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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
A. Ali Akbar – Appellant
Versus
Tamil Nadu Waqf Board – Respondent
| Table of Content |
|---|
| 1. facts regarding the election of committee members. (Para 1 , 2 , 3) |
| 2. procedural steps following allegations. (Para 4 , 5 , 6) |
| 3. writ petition and appeal process. (Para 7 , 8 , 9 , 10) |
| 4. tribunal's assessment of the situation. (Para 11 , 12 , 13) |
| 5. arguments regarding procedural lapses. (Para 14 , 15 , 16 , 17) |
| 6. continued management by removed mutawalli. (Para 18 , 26) |
| 7. observations on waqf board's delay. (Para 19 , 20 , 21) |
| 8. commentary on waqf board's duties. (Para 22 , 23 , 24) |
| 9. legal distinctions between mutawalli and executive officer. (Para 27 , 28 , 29) |
| 10. powers related to the management of waqf. (Para 30 , 31 , 32) |
| 11. removal process and related legal statutes. (Para 33 , 36 , 39) |
| 12. establishment of facts based on records. (Para 40 , 41) |
| 13. timeline and directives for procedural compliance. (Para 42 , 43) |
ORDER :
1. This civil revision petition challenges the order passed by the Tamil Nadu Waqf Tribunal at Chennai in CMP.No.17 of 2024 in AA.No.4 of 2024 dated 23.12.2024.
2. The appellant before the Waqf Tribunal is the civil revision petitioner herein. He is the managing trustee of the Mohideen Andavar, Puradhana Dargah and Pallivasal, and Mina Noordeen
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 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 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 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 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 acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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.
Adherence to due process and principles of natural justice in inquiry is key for lawful removal under the Waqf Act.
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