Madras High Court
M.M.R.Abdul Kareem vs The Tamil Nadu Waqf Board on 6 July, 2023
W.P.(MD).No.9431 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.9431 of 2023
and
W.M.P.(MD).No.8419 of 2023
M.M.R.Abdul Kareem ... Petitioner
Vs.
1.The Tamil Nadu Waqf Board,
Represented by its Chairman,
No.1, 1 Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
2.The Chief Executive Officer,
The Tamil Nadu Waqf Board,
No.1, 1 Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
3.H.Halibullah ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, calling for the records relating
to the impugned order made by the first respondent in proceedings
No.15957/2000/A8/Madurai dated 29.03.2023 and quash the same as illegal.
1/7
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W.P.(MD).No.9431 of 2023
For Petitioner : Mr.M.Mahaboob Athiff
For R-1 and R-2 : Mr.D.S.Haroon Rasheed,
Standing Counsel.
For R-3 : Mrs.H.Jasima Yasmin,
For M/s.Ajmal Associates.
ORDER
This Writ Petition is filed to quash the impugned order dated 29.03.2023.
2. The petitioner is a resident of Melur and presently serving as the
Secretary of the Mohaideen Andawar Periya Pallivasal Waqf, Melur which is a
notified Waqf under G.S.No.204/Madurai. The contention of the petitioner is
that the petitioner was appointed as Adhoc Committee through proceedings
dated 02.02.2023. The mandate given to the petitioner is as under:
kJiu khtl;lk;> nkYhu; tl;lk;> Ki+ajPd; Mz;ltu;
gs;spthry; (G.S.No.204/kJiu) tf;gpw;Fg; ghj;jpag;gl;l
gjpt[ bra;ag;glhj brhj;J ,Ue;jhy; mjid cupa tUtha;
Mtzq;fSld; jkpH;ehL tf;g[ thupaj;jpy; tf;g[ rl;lk; 1995
gpupt[ 36d;go cld; gjtp bra;a[khW ,ilf;fhy FGtpw;F
cj;jutplg;gLfpwJ.
3. The Adhoc Committee have granted time for a period of one year
which is subsisting until 01.02.2023. The third respondent was aggrieved by
the appointment of the Adhoc Committee and hence submitted a representation
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W.P.(MD).No.9431 of 2023
to the first respondent, the Waqf Board and also filed Writ Petition in
W.P.(MD).No.3347 of 2023. This Court vide order dated 14.03.2023, after
considering the facts of the case has directed the Waqf Board to conduct
election and complete it within a period of three months. However, the Hon’ble
Court has not interfered with the appointment of the Adhoc Committee. Since
the Waqf Board is not having power to conduct election, as per the judgment
rendered by this Court in W.P.(MD)No.13695 of 2020 batch vide order dated
19.04.2023, the petitioner had preferred writ appeal against the order passed in
W.P.(MD).No.3347 of 2023 and the same is in the SR stage.
4. The Waqf Board under the guise of considering the representation of
the respondents, has cancelled the appointment of the Adhoc Committee
through impugned order. Aggrieved over the same, the present Writ Petition is
filed.
5. The contention of the respondents is that the Adhoc Committee ought
to have been appointed under Section 18 of the Waqf Act, 1995. But the Waqf
Board has appointed under Section 63 of the said Act and hence the Adhoc
Committee ought to be cancelled.
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W.P.(MD).No.9431 of 2023
6. This Court is of the considered opinion that the wrong mentioning of
provision will not vitiate the appointment and hence the contention of the
respondents cannot be sustained.
7. The next contention of the respondents is that such Adhoc Committee
ought to have been appointed by giving representation to each Mahallas. There
are 5 Mahallas consisting of 12 Jamath for each. Now, the Adhoc Committee is
representing only one Mahalla and the petitioner has not impleaded the other
Jamaths in any of the proceedings. Hence, the third respondent submitted a
petition to the Board objecting the appointment and prayed to give proper
representation to each Mahallas. After considering the representation, the Board
has passed the impugned order and the same is legally valid. But the petitioner
submitted that before passing the impugned order, the Adhoc Committee was
not given any notice. Even in the W.P.(MD).No.3347 of 2023, the order was
passed behind the back of the petitioner.
8. After considering the rival submissions, this Court is of the considered
opinion that the Waqf Board is not having power to conduct elections and
hence the this Court is directing the Waqf Board to take Mohaideen Andawar
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W.P.(MD).No.9431 of 2023
Periya Pallivasa under its direct Management and thereafter conduct an
election. The said election shall be conducted within a period of one year,
without seeking any extension of time. All parties shall cooperate to conduct
smooth election. After election, the Wakf Board shall hand over the
management to the Managing Committee.
9. As far as the appointment of Adhoc Committee, if the properties are
retrieved, it is good for the Pallivasal and hence, it cannot be found fault with.
Since the adhoc committee was given a mandate until 01.02.2023 to retrieve the
Waqf properties which were encumbered, hence the said noble cause shall be
completed and the Adhoc Committee shall continue until 01.02.2023. After
completion of the said mandate, the Adhoc Committee shall not seek any
extension of time and the Board is also restrained from granting any extension.
It is also made clear that the mandate granted to the Adhoc Committee cannot
be extended for any other purpose as well. After completion of election, the
Managing Committee shall take over the noble mandate of retrieval of the
properties.
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W.P.(MD).No.9431 of 2023
10. For the above reasons, this Writ Petition is allowed in above terms.
There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
06.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
To
1.The Chairman,
The Tamil Nadu Waqf Board,
No.1, 1 Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
2.The Chief Executive Officer,
The Tamil Nadu Waqf Board,
No.1, 1 Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9431 of 2023
S.SRIMATHY, J.
Nsr
W.P.(MD).No.9431 of 2023
06.07.2023
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