Disputes concerning Waqf properties must be resolved in the appropriate Tribunal prior to judicial intervention.

O R D E R

Heard Mr. R.Vivekananthan, Learned Counsel for the Petitioner and Mr. V.Vasanthakumar, Learned Additional Government Pleader (Puducherry) appearing for the First to Fifth Respondents and Mr. T.P.Manoharan, Learned Senior Counsel for the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner had earlier filed the Writ Petition in W.P. No. 7714 of 2023 to declare the entire course of action of the proposal to demolish the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal from inception leading to issuance of undated Tender Notification inviting tenders for the purpose of demolition of Central Mandapam, East Wathif Mandapam and adjoining hall portion and north Mandapam and adjacent urinal block upto the ground level thereof as illegal, void ab initio and unconstitutional with a consequential direction to the respondents to preserve, conserve and maintain the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal of its historical and architectural structures in its pristine and holistic from without being defied and de-sanctified, which was disposed by order dated 14.03.2023 holding as follows:-

“3. In similar circumstances, when one Mr. M.I.Mohamed Bugari filed Writ Petition No. 5814 of 2023 seeking issuance of a mandamus directing the Reconstruction Committee-AUQAF, Peria Pallivasal, Masthan Sahib Valliyullah Dargah Shareef, Karaikal to complete the reconstruction /alteration work at Peria Pallivasal, Masthan Palli Street, Karaikal, this Court, finding that there is a dispute pertaining to the Waqf or Waqf property, directed the petitioner therein to approach the Waqf Tribunal holding that he cannot come to this Court by way of a writ petition under Article 226 of the Constitution of India, by order dated 27.02.2023. Therefore, when on an earlier occasion, when Mr. M.I.Mohamed Bugari had come to this Court seeking a mandamus to the fourth respondent /Reconstruction Committee to complete the reconstruction /alteration work at Peria Pallivasal, Masthan Palli Street, Karaikal, we had directed the petitioner therein to approach the Tribunal, the contra prayer made by the petitioner herein cannot be entertained as effectively, both are making allegations only against the Reconstruction Committee that they are not performing their work and /or that they are not considering the heritage nature of the building. Therefore, we direct the petitioner also to approach the Waqf Tribunal to workout his remedy within a period of two weeks time.”

3. It is represented that subsequently the Fourth Respondent by Proceedings in No. 1816/DCK/A3/2023 dated 27.04.2023 had passed the following order:-

“ A direction was issued to the Re-construction Committee, AUQUF, Periya Palli Vasal, Masthan Sahib Valiyullah Dargah Shareef, Karaikal to defer any demolition/alteration activities in the Big Mosque (Periya Palli Vasal) at Masthan Pallit Street, Karaikal till the dispute resolved by Waqf Tribunal vide Order under reference cited above.

Since, the matter has been referred to the Secretary (HRI/Waqf), Puducherry, the order issued vide No.

1816/DCK/A3/2023 dated 25.04.2023 stands revoked.”

The said order is assailed in this Writ Petition.

4. As already noticed, there have been conflicting demands for demolition and preservation of the Mosque and Waqf property at Periya Palli Vasal, Masthan Sahib Valiyullah Dargah Shareef, Karaikal and this Court has directed the rival parties to approach the Waqf Tribunal, Karaikkal to work out their rights in that regard.

5. It is informed that the vacancies in the posts of Chairperson and Members in the Waqf Tribunal at Karaikkal have been filled up by the Government of Puducherry by G.O. Ms. No. 4340/US (Waqf)/T.10/2017 dated 02.02.2024 and that the contesting parties, viz., M.I.Mohamed Bugari and Mr. Z.Mohamed Tahir Sahib have filed W.T.O.P. Nos. 1 of 2024 and 2 of 2023 respectively in furtherance to the af