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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR
S. Syed Naseer – Appellant
Versus
Tamil Nadu Wakf Board, Rep by its Chief Executive Officer – Respondent
ORDER :
S. SOUNTHAR, J.
The Writ Petition is filed seeking a direction to the 1st respondent to conduct enquiry regarding administration of Sayeedani Bi Dargah situated at S.No.167/2, Dindivanam Road, Vandavaasi Town, Thiruvannamalai District and to take appropriate action to bring the Wakf under the direct Management of the Wakf Board by considering the petitioner's representation dated 27.02.2023.
2. According to the petitioner, the Sayeedani Bi Dargah is a registered and notified Wakf under the supervisory control of the Tamil Nadu Wakf Board. It is claimed by the petitioner that he is a worshipper of the Wakf and Jamathar and hence, he is a person interested in the Wakf.
3. It is not in dispute that as per the proforma, Wakf is administered by Mutawalli, whose office is Hereditary. It was claimed by the petitioner that Wakf is a renowned Dargah, having worshippers coming from several places and the Wakf gets huge contribution from the General Public. It is also claimed that the funds of the Wakf are not properly accounted and the same is mismanaged by the persons in Management of the Wakf. Accordingly, he submitted a representation dated 27.02.2023 before the 1st respondent and the
The court confirmed that the presence of public offerings through hundiyals characterizes a Wakf as public, affirming the Wakf Board's jurisdiction despite claims of it being private.
The dedication of property for religious purposes under Muslim law constitutes a Wakf, thus falling under the supervisory authority of the Wakf Board regardless of claims of private ownership.
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
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 ir....
Direct management of Waqf properties can be assumed by authorities upon evidence of mismanagement and failure to maintain proper accounts, supporting accountability mechanisms under Waqf law.
The court emphasized the need for timely intervention by the Wakf Board in managing serious governance issues before elections.
Elections for Wakf institution management are mandated when multiple panels request leadership, emphasizing adherence to regulations over administrative convenience.
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