Madras High Court
R Doulath Hussain Khan vs The Tamil Nadu Waqf Board on 20 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.947 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.947 of 2022
and
C.M.P(MD)Nos.7778 & 10642 of 2022
R Doulath Hussain Khan ...Petitioner /
Appellant
Vs.
1.The Tamil Nadu Waqf Board,
Represented by its
Chief Executive Officer,
Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Waqf Superintendent /
Election Officer,
Office of the Waqf Superintendent,
Tiruchirapalli Division,
Tiruchirapalli. ... Respondents /
Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order made by this Court in W.P(MD)No.12984 of 2021 dated
08.04.2022.
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1/7
W.A.(MD)No.947 of 2022
For Appellant : Mr.M.Mahaboob Athiff
For Respondents : Mr.D.S.Haroon Rasheed
for R.1
Mr.A.V.Arun
for Impleading Petitioner
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The case on hand pertains to the affairs of Hussain Masthan
Dargah Waqf, Manapparai. The said Waqf comprises 3 entities:
a) A Jumma mosque
b) A Kabarasthan
c) A Dargah
The Tamil Nadu Waqf Board acknowledged that the appellant herein
R.Doulath Hussain Khan is the hereditary Muthavalli of the Dargah.
They, however, declined to accept his claim over the mosque and the
Kabarasthan. According to Waqf Board, Mosque as well as Kabarasthan
would come within the purview of Sevalur mosque. To that effect,
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proceedings dated 17.04.2001 were issued. The appellant herein
challenged the same by filing Waqf.O.P.No.4 of 2006 before the Sub
Court, Trichy. The Waqf.O.P was dismissed. Challenging the dismissal
order dated 13.09.2010, the appellant herein filed CRP(PD)(MD)No.443
of 2011. The said CRP was allowed in favour of the appellant on
12.11.2019 in the following terms:
“15. From a perusal of Ex.A.1, it is clear that Wakf
Board has recognized the fact that Wakf consists not only
Dargah but also Kabrasthan and Mosque. However, the
Board has recognized the succession to Muthavalliship
as hereditary only with reference to the Dargah. The
Board having recognized the petitioner as the Muthavalli
in respect of one portion of the suit property has
committed a grave error in rejecting the claim in respect
of the other two structures namely Mosque and
Kabrasthan. The Wakf Board has further committed a
grave mistake in totally ousting the petitioner from the
management of Kabrasthan and Mosque totally ignoring
the fact that he is descendant of the original ancestor
and therefore, the person, having an interest in the suit
property as well as structures upkeep thereupon. By
entrusting the management to a committee consisting of
persons belonging to a different Wakf, the Board has in
effect set at naught the original Wakf by restricting it
only to Dargah when they have themselves recognized
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the rights of the Wakf to the Kabrasthan and the Mosque.
If the Board had felt that the petitioner is not acting on
the interest of the Wakf, they could have removed him
from Muthavalliship instead of him bringing in person of
the different Wakf to manage the petitioner's Wakf.
Therefore, the order passed by the Tribunal below
requires to be interfered with and accordingly the same
is set aside.”
While so, the Waqf Board issued one more notification dated 19.07.2021
proposing to hold election to elect Muthavalli for the subject mosque and
Sevalur mosque. Challenging the said proceedings dated 19.07.2021, the
appellant herein filed W.P(MD)No.12984 of 2021. A learned Judge of
this Court vide order dated 29.07.2021 granted interim stay.
Subsequently, the Waqf Board realised that their proceeding would run
counter to the order dated 12.11.2019 made in CRP(PD)(MD)No.443 of
2011. They took back the notification and held election for Sevalur
mosque alone. However, in the same breath, they announced that
election to elect a 7 member committee to assist the appellant would be
held. The learned single Judge vide order dated 08.04.2022 recorded the
subsequent development and also permitted the election for the 7
member committee to go on. Liberty was given to the appellant to
challenge the election if necessary by filing OP before the Waqf Tribunal
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under Section 83 of the Waqf Act, 1995. Challenging the said order
dated 08.04.2022, this intra-Court appeal has been filed.
3.The learned counsel appearing for the Sevalur mosque /
impleading petitioner wanted to advance certain arguments. We made it
clear so long as the order dated 12.11.2019 made in C.R.P(PD)(MD)No.
443 of 2011 is holding the field, the impleading petitioner may not have
any standing. To which the learned counsel submitted that they had filed
a recall petition. It is for the impleading petitioner to pursue the said
remedy.
4.The learned Standing Counsel appearing for the Waqf Board
submitted that vide resolution dated 23.08.2023, the Tamil Nadu Waqf
Board had decided to terminate the move to hold election to elect the 7
member committee to assist the appellant herein. This resolution
submitted by the learned Standing Counsel is placed on record.
5.When the subject Waqf is to be managed by a hereditary trustee,
we fail to understand as to how the Waqf Board can propose to hold
election for electing a committee to assist the appellant Muthavalli. To
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the extent that the learned Judge has permitted the election to go on, it
has to be set aside. It is accordingly set aside.
6.This Writ Appeal is allowed accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [M.J.R., J.]
20.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The Chief Executive Officer,
Tamil Nadu Waqf Board,
Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The Waqf Superintendent /
Election Officer,
Office of the Waqf Superintendent,
Tiruchirapalli Division,
Tiruchirapalli.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
20.03.2025
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