Dismissed

The Chief Executive Officer v. G.Syed Akbar Hasan

Madras HC7 Aug 2024WA(MD)/1310/2024

Case brief

AI extract

What is this about?

The Writ Appeal was dismissed, upholding the Writ Court's order that a fixed-term appointment for a Hereditary Mutawalli is invalid. The Court held that hereditary mutawalliship is for life and affirmed the Waqf Board's power to initiate removal proceedings under Section 64 of the Waqf Act, 1995, if mismanagement is proven.

What did the court decide?

This writ appeal is dismissed. The Waqf Board is left open to take appropriate action for removal under Section 64 of the Waqf Act, 1995.

The Chief Executive Officer Vs G.Syed Akbar… — Pension and Retirement Benefits | Madras HC (2024)

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W.A(MD)No.1310 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.A(MD)No.1310 of 2024 and

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C.M.P(MD)No.10213 of 2024

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The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar,

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Chennai – 600 001. ... Appellant/2^nd respondent

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-vs-

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1.G.Syed Akbar Hasan ... 1^st respondent/Writ Petitioner

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2.The Tamilnadu Waqf Board, Rep. By its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. ... 2^nd respondent/1^st respondent

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PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order order dated 22.02.2024 in W.P(MD)No.9652 of 2024.

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For Appellant :Mr.K.Jeyamohan For 1^st Respondent :Ms.A.Ajmath Begum

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https://www.mhc.tn.gov.in/judis ______________

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W.A(MD)No.1310 of 2024

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JUDGMENT

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[Judgment of the Court was made by R.SUBRAMANIAN, J.]

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Being aggrieved by the order of the Writ Court, dated 22.02.2024 made in W.P(MD)No.9652 of 2024, the second respondent in the writ petition namely the Chief Executive Officer, Tamil Nadu Waqf Board, is on appeal.

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2. Challenge is to the order of the learned single Judge allowing the writ petition filed by the first respondent partially challenging the order dated 02.11.2018 wherein his tenure as Heriditory Trustee was restricted to five years. The Writ Court had only followed the two earlier judgments of this Court in W.P.No.19032 of 2023(Apsar Peeran Shuttari Saheballa vs. the Tamil Nadu Waqf Board, represented by its Chief Executive Officer, Chennai – 1) dated 23.08.2023 and in W.P(MD)No.18162 of 2000(Subhan vs. Executive Officer, Waqf Board). In both the judgments, this Court had held that appointment of a Hereditary Mutawalli for a particular period is bad.

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3. The learned counsel for the appellant would however contend that there is a complaint of mismanagement by the first respondent herein by his own brother and the Waqf Tribunal has granted an order of injunction restraining the Waqf Board from extending the period of his appointment.

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W.A(MD)No.1310 of 2024

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4. We have been taken through the order of the Waqf Tribunal also. We are unable to approve the order of the Tribunal inasmuch it runs counter to the very concept of Hereditary Mutawalliship. Hereditary Mutawalliship shall always be for life. Once it is found that the order limiting the period of appointment is bad, there is no question of extension. If there is no question of extension, the order of the Waqf Tribunal cannot be enforced.

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5 . We, therefore, of the opinion that the order of the Writ Court does not need interference at our hands. However, since there is a complaint of mismanagement by the first respondent, we leave it open to the Waqf Board to take appropriate action under Section 64 of the Waqf Act, 1995, which empowers the Wakf Board to remove the Mutawalli if he is guilty of any of the grounds mentioned in Clauses (a) to (k) of Sub-Section 1 of Section 64 of the Waqf Act.

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6. This writ appeal is dismissed subject to the above observation. No Costs. Consequently, connected Miscellaneous Petition is closed.

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[R.S.M., J.] [L.V.G., J.] 07.08.2024

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NCC :Yes/No Index :Yes/No

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W.A(MD)No.1310 of 2024

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Internet :Yes PM