High Court · 2025

C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRAS [Reserved on : 21.03.2025] [Pronounced on : 21 .05.2025]CORAM:THE HONOURABLE MR.JUSTICE N.SENTHILKUMARC.R.P.No.1604 of 2021and C.R.P.No.603 of 2022and C.M.P.No.12461 of 2021The Adhoc CommitteeOndipudursunnathjamath Pallivasal And Khabarasthan waqf, Trichy Salai, Ondipudur, Coimbatore. Petitioner in CRP.1604/2021Vs1.S.Rasool Ahmed2. Tamil Nadu Waqf BoardRep. by its ChairmanNo.1, Jaffar Syrang StreetVillalseethakathi NagarChennai 1.3. The Chief Executive OfficerTamil Nadu Waqf BoardNo.1, Jaffar Syrang StreetVallal Seethakathi NagarChennai 1Respondentsin CRP.1604/2021 https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022S.Rasul Ahmed ... Petitioner in CRP.603/2022Vs.1.Tamil Nadu Waqf BoardRep. by its ChairmanNo.1, Jaffar Syrang StreetVallal Seethakathi Nagar, Chennai - 12.The Chief Executive OfficerTamil Nadu Waqf BoardNo.1, Jaffar Syrang StreetVallal Seethakathi NagarChennai - 13.The Adhoc CommitteeOndipudur Sunnath Jamath PallivasalAnd Khabarasthan Waqf, Trichy Salai, OndipudurCoimbatore District ... Respondents in CRP.603 of 2022Prayer in C.R.P.No.1604 of 2021: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the finding direction given to the 2nd respondent in the fair and the decreetal order dated 21.01.2021 in O.A.No.299 of 2019 on the file of the Tamil Nadu Waqf Tribunal, Coimbatore and allow the above Civil Revision Petition.Prayer in C.R.P.No.603 of 2022: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022order dated 21.01.2021 in O.A.No.299 of 2019 on the file of the Tamil Nadu Waqf Tribunal at Chennai in so far as observing that the committee members are to be selected from the Jamathars and thus render justice. For Petitioner : M/s.A.Ajimath Begum in CRP.1604/2021 For Respondents : Mr.N.A.Nissar Ahamed in CRP.1604/2021 Senior Counsel for N.A.Nassir Hussain for R1 Mr.C.Shankar - R2 & R3 Tamil Nadu Waqf BoardFor Petitioner : Mr.N.A.Nissar Ahamedin CRP.603/2022 Senior Counsel for N.A.Nassir Hussain For Respondents: Mr.C.Shankar - R1 & R2in CRP.603/2022 Tamil Nadu Waqf BoardCOMMON ORDERC.R.P.No.1604 of 2021 : An application in O.A.No.299 of 2019 was filed by the 1st respondent U/s.83(1) & (2) of the Waqf Act, 1995. The Waqf was founded by the 1st respondent's grandfather K.Papusahib vide Waqf deed dated 10.04.1934, and the same was registered vide document No.1512 https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022of 1934. As per the registered Waqf deed, the Wakif was the first Mutawalli and the rule of succession to the office of Mutawalli will vest among his descendants hereditarily. According to the 1st respondent, the Wakif Papusahib had three wives and the eldest son of the 1st wife, namely B.Sadbji Sahib became the Mutawalli after the Wakif. Thereafter, his 5th son viz. S.Mohamed Jafar @ Ghulab became the Mutawalli. 2. The Waqf Board removed the said Ghulab from Mutawalliship U/s.64(i) and (k) of the Waqf Act, 1995 vide proceedings dated 24.10.2013 in WEA.1/10 and RC 13654/B3/09/CBE. Thereafter, the waqf was brought under the direct management of the Waqf board by way of a Gazette publication dated 05.02.2014. The 1st respondent is the son of S.Shafi Ahmed, who is the 7th son of B.Saabji Sahib. The 1st respondent approached the Waqf board for appointment as Mutawalli and other legal heirs had no objection in recognizing the 1st Respondent as Mutawalli. https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 20223. However, vide proceedings dated 18.02.2019 in R.C. No. 13654/09/B3/CBE, a 15 member committee has been constituted by the Waqf board and the said committee has been named as Adhoc Committee, Ondipudur Sunnath Jamath Pallivasal and Khabarasthan Waqf, and it had been given a tenure of 3 years. The 1st respondent challenged the proceedings dated 18.02.2019 passed by the Waqf Board in O.A.No.299 of 2019, before the Tamil Nadu Waqf Tribunal, Chennai. 4. The Tribunal dismissed the above O.A.No.299 of 2019, vide its order dated 21.01.2021, holding that the Adhoc Committee is only to look after the day to day affairs of the Waqf and those functions are only temporary in nature and further directed the Waqf board to constitute a permanent committee by giving effect to the spirit of the waqf deed. Aggrieved by the said order, the Adhoc Committee, the 3rd respondent in O.A.No.299 of 2019 filed by the 1st respondent, had preferred the present petition in C.R.P.No.1604 of 2021. https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022C.R.P.No.603 of 2022: 5. This petition was preferred by the applicant in O.A.No.299 of 2019 viz. S.Rasul Ahmed, challenging the very same order passed by the Tribunal on the ground that the waqf deed in express terms provides that the administration which is to be done by the Mutawalli is to be done only by the legal decendants of the wakif and only in order to emphasize that the waqf is public in nature, it provides that it is left open to the Jamathars to practice Islamic rites in the waqf.6.According to the revision petitioner, the Tribunal had miserably failed to see that the word "Kariyathigal" means Islamic rites such as offering prayers, namaz etc., It is the further contention of the Revision Petitioner that the Tribunal had failed to note that only the Mutawalli, who is the manager of the Waqf, has to only look after the administration of the Waqf. The revision petitioner faulted with the finding given by the Tribunal that the office of Mutawalli is hereditary and the administration of the Waqf is to vest with Jamathars. https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 20227. Admittedly, the rival parties before the Tribunal in O.A.No.299 of 2019 had challenged the order passed by the Tribunal.8. It is to be noted that vide proceedings dated 18.02.2019, a 15 member committee was constituted for a period of 3 years, and the same has come to an end after a lapse of 3 years i.e., on 17.02.2022. Accordingly, the claim made by the Adhoc Committee in C.R.P.No.1604 of 2021 cannot be considered for the reason that the Adhoc Committee had become defunct after the lapse of 3 years. The finding given by the Tribunal with regard to the period of the Adhoc Committee does not warrant interference. 9.With regard to the prayer in C.R.P.No.603 of 2022, the Tribunal while considering the claim made by the petitioner, had rightly held that the Waqf Board has to give effect to the intention of the Waqf in administering the Waqf while constituting the permanent committee. Admittedly, the lineal descendants of the Wakif is to be appointed as Mutawalli. The committee members who are selected from the Jamathars https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022have to only administer the day to day affairs of the Waqf. The findings given by the Tribunal in holding that the Adhoc Committee is only for a period of three years, the Waqf board is to give effect to the spirit of the waqf deed while constituting the permanent committee, the Mutawalli must be a lineal decendants of the Wakif, the committee members are to be selected from the Janathars is a well considered order. 10. In view of the above, both the Civil Revision Petitions stand dismissed as devoid of merits and the order passed by the Tribunal in O.A.No.299 of 2019 dated 21.01.2021 stands confirmed. No costs. Consequently, the connected miscellaneous petition is closed 21.05.2025kasIndex: Yes / NoNeutral Citation : Yes/No https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022To1. The Tamil Nadu Waqf Tribunal, Coimbatore 2.The ChairmanTamil Nadu Waqf BoardNo.1, Jaffar Syrang StreetVallal Seethakathi Nagar, Chennai - 12.The Chief Executive OfficerTamil Nadu Waqf BoardNo.1, Jaffar Syrang StreetVallal Seethakathi NagarChennai - 1 https://www.mhc.tn.gov.in/judis C.R.P.No.1604 of 2021and C.R.P.No.603 of 2022N.SENTHILKUMAR, J.kasPre-Delivery Order inC.R.P.No.1604 of 2021and C.R.P.No.603 of 2022and C.M.P.No.12461 of 202121.05.2025