The High Court directed the Tamil Nadu Wakf Board to approve the list of office bearers elected on merit within six weeks after the report from district officials was placed before the Board.
Direction to respondents 2 and 3 to consider the report of respondents 4 and 5 and pass orders on merits within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition No.1541 of 2022
S.Mohammed Meeran .. Petitioner
Vs.
1.The Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (S2) Department Secretariat, Fort St. George Chennai-600 009.
2.The Tamil Nadu Wakf Board Represented by its Chairman No.1, Jaffer Syrang street Vallal Seethakathi nagar Chennai-600 001.
3.The Chief Executive Officer The Tamil Nadu Wakf Board No.1, Jaffer Syrang street Vallal Seethakathi nagar Chennai-600 001.
4.The Superintendent of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts Poonamallee, Chennai-600 056. 5.The Inspector of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts Poonamallee, Chennai-600 056. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 and 3 to forthwith approve the list of office bearers elected to Ahle Sunnathval Jamath Jamia Masjid on 07.07.2021 in the presence of the respondents 4 and 5 and which was duly communicated to the respondents 2 and 3 by the respondents 4 and 5.
For Petitioner : Mr.Arun Anbumani For R1 : Mr.S.Ravikumar
Special Government Pleader For R2 and R3 : Mr.C.Shankar Standing Counsel (Wakf Board) For R4 and R5 : No appearance
O R D E R
The present Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 2 and 3 to forthwith approve the list of Office Bearers elected to Ahle Sunnathval Jamath Jamia Masjid on 07.07.2021 in the presence of the respondents 4 and 5, which was duly communicated to the respondents 2 and 3 by the respondents 4 and 5.
2.Though notice has been served on the respondents 4 and 5 and their names are printed in the cause list, there is no representation for them either in person or through counsel.
3.Heard the learned counsel for the petitioner appearing through “Video-conferencing” as well as the learned Special Government Pleader appearing for the 1st respondent and the learned Standing Counsel for the respondents 2 and 3 appearing through “Video-conferencing”.
4.The Wakif M.J.Khathija Bi, Wife of Khidhar Mohamed Sahib, donated a land for construction of Mosque. As per the intention of donors, a Mosque was constructed and prayers were conducted. As per the Wakf deed, the founder nominated 9 Trustees to become Mutawallis of its Mosque and properties. The Wakf deed provides that each one of the Trustees or Mutawallis before he vacates Office, nominates his successors and when there is no such nomination, the right to nominate such Trustees or Mutawallis shall vest in the wakif, her legal heirs and successors apart from the other stipulations. Contrary to the Wakf deed, the respondents 2 and 3 deviated the directions in the Wakf deed. While so, O.A.No.73 of 2019 was filed before the Wakf Tribunal for a direction to the respondents 2 and 3 to amend the proforma maintained by the 2nd respondent in accordance with the Wakf deed and for permanent injunction restraining the respondents 2 and 3 from deviating from the directions of the Wakif under the Wakf deed dated 21.04.1948. The Wakf Tribunal by the judgment dated 05.09.2019 held that the 2nd respondent Wakf Board has made a wrong entry in the proforma regarding the rule of succession in contravention to the recitals made in the Wakf deed dated 21.04.1948. Challenging the said order, C.R.P.
(PD)No.3685 of 2019 was filed before this Court. This Court by the order dated 01.02.2021 dismissed the C.R.P., which was confirmed by the Hon'ble Supreme Court in S.L.P. (Civil) Diary No.28967 of 2021 vide order dated 10.12.2021. The 2nd respondent in compliance with the judgment of the Wakf Tribunal, published the revised proforma in the Tamil Nadu Government Gazette, Part VI – Sec.3(a) on 09.06.2021 by amending Column No.10 of the Revised Proforma Report and Column No.6 of the Register of Wakfs as 'Hereditary according to the Wakf deed' and directed the 4th respondent to submit a report after electing the Office Bearers of Ahle Sunnathval Jamath Jamia Masjid on hereditary basis as per the Wakf deed. In the meeting held on 07.07.2021 in the Office of the 4th respondent, the petitioner was unanimously elected as the Mutawalli and 8 other persons were elected as the Office Bearers of Ahle Sunnathval Jamath Jamia Masjid. The respondents 4 and 5 communicated the proceedings dated 07.07.2021 along with their report to the respondents 2 and 3. As per the provisions of Wakf Act, the 2nd respondent has to approve election of the Mutawalli and committee members. However, the 2nd respondent has not passed any order. Hence, the petitioner has come out with the present Writ Petition.
5.Mr.C.Shankar, the learned Standing Counsel representing the respondents 2 and 3, submitted that report of the respondents 4 and 5 is placed before the Board of 2nd respondent and the same is pending.
6.Considering the facts as stated above and the submission of the learned Standing Counsel appearing for the respondents 2 and 3 that already report of the respondents 4 and 5 is placed before the Board and nature of relief sought for by the petitioner, the respondents 2 and 3 are directed to consider the report of the respondents 4 and 5 and pass orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition is disposed of. No costs.
Sd/-
Assistant Registrar(CS-VIII)
// True Copy //
Sub Assistant Registrar
kj
To
1.The Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (S2) Department Secretariat, Fort St. George Chennai-600 009.
2.The Tamil Nadu Wakf Board Represented by its Chairman No.1, Jaffer Syrang street Vallal Seethakathi nagar Chennai-600 001.
3.The Chief Executive Officer The Tamil Nadu Wakf Board No.1, Jaffer Syrang street Vallal Seethakathi nagar Chennai-600 001.
4.The Superintendent of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts Poonamallee, Chennai-600 056.
5.The Inspector of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts Poonamallee, Chennai-600 056.
+4cc to Mr.S.Mohamed Uduman, Advocate SR.No.10503 +1cc to the Government Pleader, SR.No.11087
W.P.No.1541 of 2022
KK(CO) CB(09/03/2022)
1 issue framed by the court
Whether the Wakf Board must forthwith approve the list of office bearers elected by the mutawallis under the Wakf deed.
S.Mohammed Meeran
The Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (S2) Department Secretariat
The Tamil Nadu Wakf Board Represented by its Chairman
The Chief Executive Officer The Tamil Nadu Wakf Board
The Superintendent of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts
The Inspector of Wakfs Kanchipuram, Chengalpattu and Tiruvallur Districts
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
