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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 :
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.
3.Considering the inter se dispute between the Jamathars of Kattu Thalivasal Muslim Jamath Pallivasal, this Court issued the following direction in WP(MD)No.19646 of 2025 : -
27. Considering the same, there shall be a direction to the respondents 1 and 2 to frame a scheme under Section 69 of the Wakf Act, 1995. As far as the request of the petitioner under Section 65 of the Wakf Act, 1995 is concerned, it appears from the submissions made by the learned counsel for the fifth respondent that the elections were held on 06.09.2024 and on 07.09.2024, an application has been filed under Section 42 of
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.
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