Madras High Court
The Adhoc Board Of Administrators vs Muhalli Muthavalli on 23 February, 2022
W.A.No.327 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.327 of 2022
The Adhoc Board of Administrators,
Nagore Dargah Interim Adhoc Administrators,
Nagore Dargah, Nagore-611 002,
Nagapattinam District. .. Appellant
Vs
1.Muhalli Muthavalli
H.Haja Nazimudden Sahib,
No.7, Manavara North Street,
Nagore-611 002.
2.The Tamil Nadu Waqf Board,
rep. by its Chief Executive Officer,
No.1, Jaffer Syrang Street,
Mannady, Chennai-600 001. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 05.01.2022 in W.P.No.27770 of 2021.
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For the Appellant : Mr.N.A.Nissar Ahmed
For the Respondents : Ms.Ajmath Begum
for respondent No.1
: Mr.Haja Mohideen Gisthi
for respondent No.2
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By this writ appeal, a challenge is made to the judgment dated
5.1.2022, where the following directions were given:
"9. In that view of the matter, this Court is inclined to
dispose of this writ petition with the following orders:
That there shall be a direction to the 2nd
respondent to consider the representation of
the petitioner dated 20.12.2021 and pass
orders thereon on merits and in accordance
with law within a period of two days from
today as the Urus festival has already begun
from yesterday (i.e. 04.01.2022). Once such
consideration is shown out of which if any
permission come from the 2nd respondent to
the petitioner, it is open to the petitioner to
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W.A.No.327 of 2022
workout the same by executing the said
permission in the manner known of law."
2. Learned counsel appearing for the Adhoc Board of
Administrators submits that without an opportunity of hearing, the
learned Single Judge issued the direction quoted above. It is submitted
that if the representation made by the writ petitioner/first respondent
herein is accepted by the second respondent-Wakf Board, it is going to
affect the functioning of the dargah and, therefore, the appeal has
been preferred.
3. Learned counsel for the Wakf Board submits that after the
judgment under challenge, they considered the representation of the
writ petitioner/first respondent herein and rejected the same vide
order dated 7.1.2022. Thus, the fear expressed by the appellant no
longer exists and nobody was allowed to participate in the ceremonies.
It may be due to the situation obtaining due to Covid-19 and for other
reasons.
4. The order dated 7.1.2022 passed by the Wakf Board has
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W.A.No.327 of 2022
already been acknowledged by the Adhoc Board of Administrators, yet
the appeal has been filed misusing the fund of the dargah. The Adhoc
Board of Administrators was appointed by this court vide judgment
dated 10.2.2017 passed in W.A.No.1640 of 2016. Paragraph (4) of
the said judgment has been referred to indicate that the Adhoc Board
of Administrators was appointed for the reasons given therein, but for
a short period of time. For ready reference, paragraph (4) of the
aforesaid judgment is quoted hereunder:
"4. We have realized, quite painfully though, that the
affairs of the Dhurgha are far from happily and
satisfactorily conducted. There are allegations and
counter allegations against each other and there are
also serious allegations about the recklessness running
of the affairs of the Dhurgha and its administration.
We gathered that the real problem is lying not so much
with the Trustees but however, because of their
inability to administer the Trust properly. In these set
of circumstances, and at any rate for a reasonable
period of time if the affairs of the Dhurgha are
administrated through an independent and impartial
body, perhaps, a semblance of order by establishing
proper procedures can be worked out. We have
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W.A.No.327 of 2022
therefore, secured the help fro the Registry as well as
from the learned Advocate General of the State and
thankfully we have been informed the names of Sri.
Janab K.Allaudin, I.A.S., (Retired) and Janab
Sri.S.F.Akbar, District Judge (Retired), mercifully when
contacted, both these officers have shown their
inclination to run and administer the affairs of the
Dhurgha for a short period of time so that proper
procedures and good administrative practices could be
settled and hence we constitute an 'Ad hoc Board of
Administrators' comprising of Janab Sri. Sri. K.Allaudin,
I.A.S., (Retired), (No.31, First Street, "H" Block, 12th
Main Road, Anna Nagar West, Chennai-600 040, Mobile
No.94443 84950) and Janab Sri. Sri. S.F.Akbar, District
Judge (Retired), (Plot No.4, "Fathima Akbar Villa",
Pillayar Koil 4th Cross Street, Ramappa Nagr,
Perungudi, Chennai-600 096, Mobile No.9840094439).
We request them to administer the Dhurgha for a
period of four months from now and file their status
report in three months time so that the next follow up
action could be undertaken."
5. The Adhoc Board of Administrators was appointed in 2017 for
a short period, but it is still continuing. Learned counsel appearing for
the Adhoc Committee, i.e., the appellant, could not disclose the reason
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W.A.No.327 of 2022
for filing of the appeal other than stating that the directions have been
given by the court without opportunity of hearing to the Adhoc Board
of Administrators, when it was functional.
6. If the prayer made in the writ petition and decided by the
impugned order is looked into, it is amply clear that the writ
petitioner/first respondent herein sought permission to participate in
the holy ceremonies of 465th Urs of the Nagoor Dargah to be held
between 4.1.2022 and 17.1.2022. The request of the writ
petitioner/first respondent herein was rejected by the Wakf Board.
The period aforesaid has already expired. However, the Adhoc Board
of Administrators filed the present appeal on 4.2.2022 from the funds
of dargah. This is nothing but misuse of the position and funds of
dargah by the Adhoc Board of Administrators. Merely because the
Adhoc Committee comprises a retired IAS Officer and a retired District
Judge, they cannot be permitted to misuse the funds.
7. Considering the aforesaid, we take suo motu cognizance of
the issue to call upon the Adhoc Board of Administrators to show cause
as to why they should not be discontinued and why the management
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W.A.No.327 of 2022
of the dargah should not be directed as per the Rules or if
mismanagement still exists, as to why the Adhoc Board of
Administrators should not be substituted.
8. The suo motu cognizance has been taken in the presence of
learned counsel for the Adhoc Board of Administrators. Thus, he is
directed to come up with the reply to the issue for justifying the
continuance of the Adhoc Board of Administrators for more than four
years, though it was appointed only for the short period. The Adhoc
Board of Administrators is further directed to come out with an
affidavit qua the total expenses incurred by them in regard to the
affairs of the dargah and their own affairs.
9. Learned counsel appearing for the Wakf Board would also be
at liberty to furnish the statement of expenses incurred by the Adhoc
Board of Administrators towards travelling and other purposes.
10. Finding that the appeal has been filed to pursue an
infructuous cause, the same is dismissed. There will be no order as to
costs. Consequently, C.M.P.Nos.2575 and 2612 of 2022 are closed.
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However, the Registry is directed to place the disposed of appeal on
10.3.2022 in reference to the suo motu cognizance taken by this court
on the issues framed above.
11. List on 10.3.2022. In the meanwhile, the Adhoc Board of
Administrators will not operate the affairs of the dargah. Rather, it
would be managed by the Wakf Board. However, in case of any
mismanagement by the Wakf Board, the court may nominate a
different Adhoc Board of Administrators.
(M.N.B., CJ) (D.B.C., J.)
23.02.2022
Index : Yes/No
sasi
To:
The Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Mannady, Chennai-600 001.
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W.A.No.327 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.A.No.327 of 2022
23.02.2022
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