The Wakf Board does not have the authority to amend or modify a scheme decreed by a Civil Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 04.03.2026 CORAM THE HON’BLE MR JUSTICE M.DHANDAPANI and WMP.No.15092 of 2024 The President, Ammerunnisa Begum Sahiba Endowment Committee, No.76, Bharathidhasan Street, Triplicane, Chennai-600 005. .. Petitioner Vs.

1.The Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1.

3.The Superintendent of Wakf, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, forbearing the respondents from in any manner initiating proceedings for amending / modifying, appointing, removing the mutawallis governed by the scheme framed by this Court in CS.196/1913 dated 19.07.1915 in violation of Section 66 of the Wakf Act, 1995.

For Petitioner : Mr.Nizzar Ahamed, Senior Counsel for Mr.N.A.Nassir Hussain For Respondents : Mr.Mohamed Fayaz Ali for R2

ORDER

This Writ Petition has been filed for a Mandamus forbearing the respondents from in any manner initiating proceedings for amending / modifying, appointing, removing the mutawallis governed by the scheme framed by this Court in CS.196/1913 dated 19.07.1915 in violation of Section

66 of the Waqf Act, 1995.

2. The learned Senior Counsel appearing for the petitioner would submit that one Ammerunnisa Begam Sahiba has created an endowment (Waqf) and has filed a Suit in CS.No.196/1913 and this Court has passed an order on 19.07.2015 and as per the scheme framed by this Court, it was ordered that the Muthawalliship of the mosque and management thereof and all properties belonging thereto shall vest in a Committee of 5 persons and they shall hold office for lifetime or till they are removed as per the Scheme or otherwise under due course of law. It is the further case of the petitioner that the Committee is discharging its duties and administering the Waqf as per the Scheme decree granted by this Court. While so, the first respondent has initiated proceedings under Section 64 of the Waqf Act, 1995, vide proceedings in Na.Ka.No.10577/06/B9/CHE dated 05.09.2023. The Waqf Board does not have jurisdiction to invoke Section 64 of the Waqf Act and the power does not vest with the Wakf Board, as the Committee has been constituted by a Scheme framed under this Court. Even as per Section 69 of the Waqf Act, the Waqf Board is not empowered to alter the scheme granted by this Court or by a Civil Court. Further Section 69 can be exercised only in terms of Section 32 of the Waqf Act i.e., 1995. Prior to that, any scheme decree grated by the Civil Court can become final and the Waqf Board cannot alter the scheme decree and the power for amendment, modification and alternation is vested only before the State Government under Section 66 of the Act. The learned Senior Counsel for the petitioner would further submit that in C.R.P.No.1654, 1655 and 1577 of 2020 etc., batch wherein this Court has considered the specific issue as to whether the Waqf Board has power to modify the scheme framed by the Court and in para 23, it was held that “when specific powers have been conferred under Section 66 of the Government to appoint or remove a muttawalli or settle or modify such a Scheme of Management or otherwise, particularly when the scheme settled by the Civil Court is in operation, merely because the waqf board has been given such a power to settle schemes of management for a wakf under Section 32(2)(d) of the Waqf Act, 1995, it cannot be said that such power can be