Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
A. Ali Akbar – Appellant
Versus
Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
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 Puradhana Dargah and Pallivasal, Therkuvasal, Madurai.
3. In terms of the scheme, which governs the two religious institutions, an election is to be held to elect the members to the Committee of management. Totally 20 posts are available in the Committee. An election was held and the petitioner was declared elected along with 19 other persons. The newly impleaded fourth respondent is one such person. The period of office is three years i.e., between 11.09.2022 and 10.09.2025.
4. A complaint was lodged by the fourth respondent with the Waqf Board, on 20.04.2023, alleging certain acts of commission and omission by the civil revision petitioner. According to the fourth respondent, the acts alleged to have been committed by the civil revision petitioner attract the provisions of Section 64 of the Waqf Act. As enquiry on
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 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 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 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 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.
Removal from Mutawalliship of Waqf estate – Disputed question of facts which cannot be gone into in a writ petition under Article 226 of Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
