Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
Kattuthalaivasal Muslim Jamath Pallivasal @ Al Jamiul Munavar Masjid Waqf – Appellant
Versus
R.Ali Masthan – Respondent
| Table of Content |
|---|
| 1. establishment and conflicts within the karaikudi ikya muslim jamath. (Para 1 , 2 , 4 , 5 , 6) |
| 2. court's directive on managing internal disputes and elections. (Para 3 , 7 , 13) |
| 3. arguments regarding the electoral process and authority. (Para 9 , 11 , 14) |
| 4. procedural issues surrounding waqf management and elections. (Para 10 , 12) |
| 5. authority of the waqf board and appeals under waqf act. (Para 16) |
JUDGMENT :
G. JAYACHANDRAN, J.
These two intra court appeals viz., W.A(MD)No.3264 of 2025 and W.A (MD)No.3274 of 2025 are directed against the order dated 25..11.2025 passed in W.P(MD)No.23652 of 2025.
2.Karaikudi Ikya Muslim Jamath Pallivasal is a Federation of 9 Jamaths in Sivagangai District falling within the jurisdiction of Waqf Inspector, Ramanathapuram. The Executive Committee of the Ikya Jamath ( Federation) are to be selected from the representatives of the 9 constituent Jamaths. The electorate for the Ikya Jamath consist of three members from each jamath totally 27 members. The tenure of the previous Executive Commitee expired in the year 2021. However, due to the rival between two groups one by the team headed by Janab A.K.M.Mohideen Pitchai and another team head
Waqf Board has the authority to appoint management committees and aggrieved parties can appeal decisions under Section 83 of the Waqf Act, ensuring compliance with statutory provisions for governance....
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 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 Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
The appointment of Mutawalli for the Wakfs is governed by custom and usage and should be held as a hereditary right by only the family members belonging to Mookane family. The Wakf Act, 1995 recogniz....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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
