C.R.P.PD.No.460 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on

5/6/2023

Pronounced on

12/9/2023

C O R A M

THE HONOURABLE Dr.JUSTICE D.NAGARJUN

Civil Revision Petition PD.No.460 of 2023

a n d

C.M.P.No.3858 of 2023

1. Syed Mazhar Hussain

2. Syed Kasim Sakaaf

3. Dadashamakkan Wakf

rep. By the Present Committee

rep. By the present Secretary

...

Petitioners

Vs

1. Syed Latheef

2. G.M.Syed Fasi Mohammed

3. Shabana Ayisha

4. Fathima Begum

5. Syed Thula Basha

6. S.A.Rahman

7. Syed Faizullah

8. Syed Akthar Hussain

9. Habeebunnissa Begum

10. The Tamil Nadu Wakf Board

rep. By its Chief Executive Officer

1 Jaffer Syrang Street

Vallal Seethakathi Nagar

Chennai 1.

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C.R.P.PD.No.460 of 2023

11. The Election Officer/Superintendent of Waqfs

Chennai Zone, No.139 Dr.Besant Road

Ice House, Triplicane

Chennai 5.

12. H.Mohammed Sajath

13. Syed Ajaz Ahmed

14. H.W.Shanaaz

15. H. Gayaz Ali

16. Mubeen Aamina

17. Haseena Bi

18. Syeda Ghousia Begum

19. Showkath Jahan

...

Respondents

Prayer: Petition filed under Article 227 of the Constitution of India

against the fair and decreetal order dated 9/2/2023 made in I.A.No.723

of 2022 in O.A.No.79 of 2022 on the file of the Tamil Nadu Waqf

Tribunal, Chennai.

For Petitioners

...

Mr.Nissan Ahmed

Senior Advocate

for Ms.Kowser Sulthana

For respondents

...

Mr.Y.Kaja Navas

for R.R.1 to 9

Mr.S.Haja Mohideen Gisthi

for R.R.10 and 11

Mr.N.A.Nassir Hussain

for R.R.12, 13, 16 and 17

Mr.A.Muthukumar

for R.R.14 and 19

Mr.S.Vishnu

for R.15

- - - - -

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C.R.P.PD.No.460 of 2023

O R D E R

This Civil Revision Petition is filed aggrieved by the order passed by

the Tamil Nadu Wakf Tribunal, Chennai, in I.A.No.723 of 2022 in

O.A.No.79 of 2022 dated 9/2/2023 declining to reject O.A.No.79 of

2022.

2. The facts in brief as per the records are as under:-

The petitioners and the respondents are stated to be the descendants

of St.Dada Shah, who died long ago leaving behind many properties and

many branches. In respect of the distribution of properties, O.S.No.75 of

1909 was filed and after conclusion of the trial, a Scheme was framed for

administration of the Wakf. As per the said Scheme, each branch of the

descendants of Dada Shah were expected to administer the Wakf for one

year. As some of the beneficiaries are staying away from the Wakf, the

Scheme was not implemented, thereby, the Tamil Nadu Wakf Board has

stepped in and framed bye-laws for management of the Wakf, on

15/7/2010.

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C.R.P.PD.No.460 of 2023

3. As per the Scheme, out of seven branches of the descendants of

Dada Shah, each branch has to select two members and those 14

members are entitled to select the Office bearer, in the presence of Wakf

Board officials, with the prior permission of the Tamil Nadu Wakf

Board, as per Clauses 9 and 11 of the bye-laws. By adopting the

abovesaid procedure, three elections were completed successfully.

4. The Chief Executive Officer of the Tamil Nadu Wakf Board,

directed the second respondent to conduct elections, on 3/10/2021.

Until the date of elections, second respondent has not informed the

members about the manner in which elections were going to the

conducted. Accordingly, elections were completed and results were

announced on 21/10/2021 and names of the Executive Committee

members were declared. All the seven branches have selected 2 members

each, as per Clause 12 and Proceedings were passed, on 8/10/2021.

5. Feeling aggrieved by the declaration of results, the members who

lost in the elections have filed a representation before the Chief

Executive Officer, Wakf Board, calling for the fresh elections, alleging

that some of the persons who are elected are not descendants of Dada