Apsar Peeran Shuttari Saheballa vs The Tamil Nadu Wakf Board
2023 Latest Caselaw 11105 Mad

                                                                           Writ Petition No.19032 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED :23.08.2023

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR
                                             Writ Petition No.19032 of 2023
                                             and W.M.P.No.18269 of 2023

                     Apsar Peeran Shuttari Saheballa
                                                                                      ...   Petitioner
                                                           Vs
                     The Tamil Nadu Wakf Board,
                     Rep by its Chief Executive Officer,
                     No.1, Jaffer Syrang Street,
                     Vallal Seethakathi Nagar,
                     Chennai – 1.
                                                                                       ... Respondent

                     PRAYER : Writ Petition filed Under Article 226 of the Constitution of
                     India, to issue a writ of Certiorari, calling for the records of the respondent
                     vide proceedings dated 03.06.2022 in Se.Mu.Order 5781/95/B2/Salem, in so
                     far as restricting the tenure for a period of three years and quash the same.

                                      For Petitioner   : Mr.N.A.Nassir Hussain

                                      For Respondent : Mr.G.Mohammed Aseef
                                                       Standing counsel




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https://www.mhc.tn.gov.in/judis
                                                                           Writ Petition No.19032 of 2023

                                                      ORDER

The writ petition is filed challenging the order passed by the

respondent appointing the petitioner as a Hereditary Mutawalli of Jagir

Ammapalayam and Chetti Chavadi Waqf restricting his tenure as three

years.

2. The petitioner is aggrieved by the impugned order

restricting the term of hereditary Mutawalli for three years.

3. The learned counsel appearing for the petitioner submits

that once the respondent has come to the conclusion that the petitioner is

entitled to be appointed as a hereditary Mutawalli, as per proforma, the

respondent/Board is not justified in restricting the term of the hereditary

Mutawalli for three years. In this regard, the learned counsel relied on the

judgment of this Court in Subhan Vs. Executive Officer Waqf Board in

W.P.No.18162 of 2000.

https://www.mhc.tn.gov.in/judis Writ Petition No.19032 of 2023

4. The learned counsel appearing for the respondent/Board

submits that the term of the petitioner was restricted to three years only to

enable the respondent/Board to review the performance of the petitioner.

The learned counsel further submitted that in case of any mismanagement

by the petitioner, the respondent will be in a position to have a re-look after

three years. Therefore, respondent is justified in restricting the term.

5. The contention made by the learned counsel appearing for

the respondent is not acceptable to this Court. Once the respondent is

convinced that the petitioner is the hereditary Mutawalli entitled to be

appointed he should have been appointed for his life. The condition in the

impugned order restricting the term of the hereditary Mutawalli to a period

of three years has no sanction in law.

6. As far as the contention raised by the learned counsel for the

respondent is concerned, in case the respondent/Board receives any

complaint against the style of management by the petitioner, it is always

open to the respondent/Board to take action against him in accordance with

law. In fact, under Section 64 of Waqf Act, the respondent/Board is entitled

https://www.mhc.tn.gov.in/judis Writ Petition No.19032 of 2023

to remove the Mutawalli under various circumstances enumerated therein.

In these circumstances, the restriction imposed in the impugned order

restricting the term of office to three years need to be set aside.

7. Accordingly, the condition imposed by the impugned order

restricting the term of the petitioner to three years from 31.05.2022 alone is

set aside. The petitioner is entitled to hold office of Mutawalli for his life.,

however, subject to right of the respondent to remove him under Section 64

of Waqf Act on specific grounds enumerated thereunder.

8. With this clarification, this writ petition is allowed to the

extent indicated above. No costs. Consequently, connected miscellaneous

petition is closed.

23.08.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ub

https://www.mhc.tn.gov.in/judis Writ Petition No.19032 of 2023

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

https://www.mhc.tn.gov.in/judis Writ Petition No.19032 of 2023

S.SOUNTHAR, J.

ub

Writ Petition No.19032 of 2023

23.08.2023

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