The court reaffirmed that a mutawalli's obligation to maintain proper accounts is ongoing, and direct management by the Waqf Board is warranted if mismanagement is established, regardless of prior irregularities.

ORDER :

A.D.Jagadish Chandira, J.

An order passed by the Tamil Nadu Wakf Tribunal at Chennai dismissing the petition filed by the petitioner challenging the Resolution passed by the first respondent bringing the Masjid-E- Farkundha under the direct management of the Waqf Board is put to challenge in the present civil revision petition.

2. Brief facts of the case:-

i) The applicant Waqf namely Masjid-E-Farkundha is surveyed and notified by the Government of Tamil Nadu and registered with the Tamil Nadu Waqf Board in G.S.No.200/Chennai. As per the proforma report of the above referred waqf, the office bearers have to be elected among the jamathars by way of secret ballot.

ii) The Tamil Nadu Waqf Board had conducted an election by way of secret ballot on 10.11.2019 and the applicant was elected as President/Mutawalli. Since November 2019, the applicant had been functioning as its President/Mutawalli. After the said election, the office bearers decided to construct the Minara for the mosque and the applicant had collected funds from various Muslim people and had been constructing the Minara.

iii) Whileso, the Waqf Inspector, Chennai South/North issued a letter dated 18.02.2021 to the applicant to appear before the Superintendent of Waqf, Chennai Zone on 24.02.2021 for enquiry on the ground of non-submission of accounts for about 10 years, non- payment of contribution of a sum of Rs. 1,71,210/- and construction of Minara in the above referred waqf without getting NOC from the Tamil Nadu Waqf Board.

iv) The applicant appeared before the said Inspector of Waqf, Chennai North/South Zone and gave his reply stating that the President Committee is, in no way concerned about for the past ten years accounts, and that they are ready to pay the contribution amount a sum of Rs.1,71,210/- for their tenure and it is not necessary to get the permission or approval from the Tamil Nady Waqf Board for construction of Minara since at the time construction of mosque, permission was already given by the Tamil Nadu Waqf Board for construction of the Minara.

v) After completion of the said enquiry, the 2nd respondent herein issued a notice dated 19.03.2021 to the applicant stating that the Waqf Board officials had inspected the above referred Waqf on 18.03.2021, during which, the accounts book, register, receipts, day book, particulars of tenants, and other documents were not available in the applicant Waqf and as such the applicant had to prepare/formulate the above referred documents and inform the same to the Tamil Nadu Waqf Board.

vi) Immediately the secretary of the applicant Waqf sent a notice dated 23.03.2021 to the said erstwhile president of the applicant Waqf requesting him to furnish the above referred documents. Even after receipt of the said notice, he did not choose to furnish the above referred documents to the applicant and thereby the applicant sent suitable reply notice/explanation on 10.04.2021 to the 2nd respondent.

vii) After receipt of the said reply, the 2nd respondent had issued a show cause notice dated 29.07.2021 and the applicant gave a suitable reply/explanation to the said show cause notice. Thereafter, the 2nd respondent passed an order dated 14.02.2022, in proceeding of Na.Ka.No.200/21(A1)/Accounts Section stating that in order to formulate the Waqf accounts, the applicant has to get advice from the Senior Accounts Officer of Waqf Board and to maintain monthly accounts and the same has to be shown to the jamathars, the accounts have to be submitted to the Waqf Board officials, the applicant has to complete the Minara construction work and effectively manage the Waqf and its properties.

viii)