Madras High Court
The Majilisul Bhuhari Sheriff Waqf vs J.Mohamed Ismail on 23 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).No.514 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.514 of 2023
and
C.M.P.(MD).Nos.5244 and 7213 of 2023
The Majilisul Bhuhari Sheriff Waqf,
represented by its Secretary,
Moosa Nina,
Kayalpattinam,
Tuticorin District. .. Appellant/Third Party
Vs.
1.J.Mohamed Ismail ..Respondent/Petitioner
2.The Tamil Nadu Waqf Board,
represented by its Chairman,
No.1, Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
3.The Chief Executive Officer,
The Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Vallalseethakathi Nagar,
Chennai.
Page 1 of 6
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W.A.(MD).No.514 of 2023
4.The Superintendent of Waqf,
Tirunelveli Division,
Tamil Nadu Waqf Board,
Khadar Owlia Pallivasal Complex,
Tirunelveli.
5.The Majilisul Bhuhari Sheriff Waqf,
represented by the Inspector of Waqf,
Kayalpattinam,
Tuticorin District. .. Respondents 2 to 5/
Respondents 1 to 4
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order passed in W.P.(MD).No.3071 of 2023 dated 15.03.2023.
For Appellant : Mr.NA.Nissar Ahamed
Senior Counsel
for Mr.I.Abdul Basith
For R-1 : Mr.K.Navaneetharaja
For R-2 to R-5 : Mr.S.A.Ajmal Khan
JUDGMENT
(Judgment of the Court was delivered by V.LAKSHMINARAYANAN,J.)
The present Writ Appeal has been filed against the order passed in
W.P.(MD).No.3071 of 2023 dated 15.03.2023.
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2. The Writ Petition was filed seeking for issuance of a Mandamus to
the Tamil Nadu Waqf Board to take over the Majilisul Bhuhari Sheriff
Waqf, Kayalpattinam under direct management by considering the
representation dated 10.01.2023.
3. The Majilisul Bhuhari Sheriff Waqf is a surveyed and notified
Waqf in Serial No.33 TDR. Survey was conducted by the Assistant
Commissioner of Survey, Collectorate of Tirunelveli and the proforma was
released on 15.02.1956. The Commissioner of Waqfs approved the said
survey on 24.02.1958. For the purpose of this dispute, Clause 10 of the
proforma is necessary, which relates to, succession to the office of a
Muthawalli. As per this Clause, the rule of succession to the office of
Muthawalli is “by election conducted by Jamath
according to custom once in a year”.
4. For the purpose of this case, it is relevant to note that election
notification was issued on 17.12.2022 and the appellant claims that election
was conducted on 19.12.2022. Not accepting the election, a representation
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was given on 10.01.2023 followed by the present Writ Petition for the
aforesaid prayer. By the time, this Writ Appeal has been taken up for
hearing, nearly 11 months have lapsed. The ensuing elections have to be
held on 18.12.2023. Therefore, by the efflux of time, the order of the
learned Single Judge in paragraph No.8 cannot be implemented, as the time
schedule said therein has already gone by.
5. In the light of the above, we pass the following order:
(i) The election to the appellant Waqf shall be held on 19.12.2023 by
the Tamil Nadu Waqf Board by following the due procedure, in particular,
the special resolution passed by the Board in exercise of the powers
conferred on it under Section 32 of the Waqf Act on 10.02.2023.
(ii) The election shall be conducted in a fair and proper manner, in
which both the appellant as well as the respondents, if they so desire, can
participate.
(iii) After the election, if there are any disputes relating the same, the
aggrieved person may approach the Tamil Nadu Waqf Tribunal, Santhome
High Road, Chennai for the purpose of working out their rights.
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6. With the above observations, this Writ Appeal stands disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
(S.M.S.,J.) (V.L.N.,J.)
23.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
The Tamil Nadu Waqf Tribunal,
Santhome High Road,
Chennai.
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S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
23.11.2023
https://www.mhc.tn.gov.in/judis
