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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Mahaboob Sheriff – Appellant
Versus
Tamil Nadu Wakf Board – Respondent
ORDER :
P.B. Balaji, J.
The revision petitioners are the applicants in O.A. No.93 of 2023 before the Waqf Tribunal filed under Section 83(1) and 83(2) of the Wafq Act, 1995 challenging the resolution of the Tamil Nadu Waqf Board dated 26.09.2023 and the consequential order of the Chief Executive Officer of the Waqf Board dated 10.11.2023 and also for a permanent injunction to restrain respondents 3 to 6 from in any manner interfering with the administration of Waqf and its properties at the hands of the first applicant/revision petitioner.
2. I have heard Mr.N.A.Nissar Ahamed, learned Senior Counsel for Mrs.I.Kowser Sulthana and Mr.T.Saikrishnan, learned counsel for R1 & R2 and Mr.M.M.I.Kaleel, learned counsel for R3 to R6.
3. The learned Senior Counsel Mr.Nissar Ahamed, would take me through the Waqf Deed dated 18.11.1930, registered as Doc. No.4 of 1931 and contend that the Waqf was a private Waqf created for the benefit of the daughter of the Wakif and there was no dedication of income for any charitable purposes. He would also state that the deed also set out the manner in which the office of the Muthawalli should be occupied, being from the male descendants alone. Referring to the
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
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 court ruled that a property designated as waqf must demonstrate clear evidence of public dedication; otherwise, it remains private.
A public waqf is only created upon a clear declaration, total divestment of ownership, and dedication for public charitable use. Mere references to religious terms in private family deeds are insuffi....
Waqf Board must follow waqf deed directions and conduct enquiry with notice before registering mutawalli.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
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