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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Fazal Mohammed – Appellant
Versus
Tamil Nadu Wakq Board, Rep. by its Chairman – Respondent
| Table of Content |
|---|
| 1. entitlement of trustees under waqf scheme. (Para 1 , 5 , 10) |
| 2. dispute over management and jurisdiction authority. (Para 2 , 3 , 4 , 6) |
| 3. legitimacy of the endorsement requirement. (Para 12 , 18 , 20) |
| 4. need for conducting elections for management. (Para 16 , 19 , 21) |
| 5. court orders on payment and elections. (Para 22 , 23) |
ORDER :
The revision is directed against the order of the Tamil Nadu Waqf Tribunal, Chennai made in O.A. No. 41 of 2023. Along with the present revision, Miscellaneous Petition has also been taken out in C.M.P. No. 16746 of 2025, for realising the hundial collection amounting to Rs.12,30,819/- over the period of 2019 to 2022 and further accumulating hundial collections to the petitioners, pending disposal of the Civil Revision Petition.
3. Mr.S.Parthasarathy, learned Senior Counsel appearing for the petitioner would contend that the dispute pertains to a surveyed waqf under Section 4 of the Waqf Act of 1954, by name Hazrath Syed Moosa Shakhaderi Dargah, which is now popularly known as Mount Road Dargah. The learned Senior Counsel would submit that O.A. No. 41 of 2023 was filed by the revision petitioners under Section 83(1) and 83(2) of the Waqf A
Waqf Board must adhere to historical management schemes; unauthorized trustee appointments violate established law and require urgent electoral resolution.
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 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 court underscored the necessity of due process, stating administrative resolutions lack validity if issued without proper notice to affected parties, ensuring adherence to principles of natural j....
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.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
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.
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