Case Note & Summary
The matter arises from a writ appeal filed by the Chief Executive Officer of the Tamil Nadu Wakf Board against an order of a Single Judge directing that a decision be taken under Section 66 of the Tamil Nadu Waqf Act, 1995. The dispute concerns the management of the Dargah known as 'Hazarath Syed Sha Hameed Awliya Badusha Dargah' in Kancheepuram, which has been governed by a scheme decree passed by the District Court at Chengalpet in Original Suit No.11 of 1934 on 02.02.1939. The first respondent, A.S. Mahaboob Basha, filed a writ petition challenging a Government Letter dated 06.12.2021 issued under Section 97 of the Act. The Wakf Board had earlier taken direct management of the Dargah citing mismanagement and, in 2017, appointed a Management Committee to administer it. The first respondent contended that under the scheme decree, the Wakf Board lacked authority to appoint a Management Committee or trustees, and that the appointment of a mutawalli must be made under Section 66 of the Act. The Single Judge considered these contentions and directed that a decision be taken under Section 66. The appellant-Wakf Board challenged this direction, arguing that Section 66 cannot be read in isolation and that a holistic reading of the Act, particularly Section 32 which defines the powers and functions of the Board, vests sufficient authority in the Board to manage the waqf property even when a scheme decree exists. The Division Bench considered the arguments and noted the Explanation to Section 32(1) which clarifies that the term 'waqf' includes waqfs for which any scheme has been made by a court. The judgment text concludes abruptly and does not contain a final decision or operative direction.
Headnote
A) Wakf Law - Powers and Functions of Wakf Board - Explanation to Section 32(1) of Tamil Nadu Waqf Act, 1995 - Clarifies that 'waqf' includes a waqf in relation to which any scheme has been made by any Court of law, whether before or after the commencement of the Act (Para 4).
B) Wakf Law - Appointment and Removal of Mutawalli - Section 66 of Tamil Nadu Waqf Act, 1995 - Single Judge directed that the matter be decided under Section 66; appellant-Wakf Board contends that Section 66 cannot be read in isolation and that other provisions like Section 32 confer authority on the Board to manage the Dargah (Paras 2-3).
Issue of Consideration
Whether the Wakf Board has authority to appoint a Management Committee for a Dargah governed by a scheme decree of the District Court, and whether Section 66 of the Tamil Nadu Waqf Act, 1995 is the sole provision governing such appointment.
Law Points
- Explanation to Section 32(1) of Tamil Nadu Waqf Act
- 1995 clarifies that 'waqf' includes a waqf in relation to which any scheme has been made by any Court of law
- Section 66 of the Act deals with appointment and removal of mutawalli by State Government
- Section 66 cannot be read in isolation
- holistic consideration of the Act is required
Case Details
2025 LawText (MAD) (02) 59
S.M. Subramaniam, K. Rajasekar
Mr. R. Abdul Mubeen for Appellant, Mr. H. Mohamed Ghouse for R1
The Chief Executive Officer, Tamil Nadu Wakf Board
A.S. Mahaboob Basha and The Principal Secretary, Backward Classes, Most Backward Classes and Minorities Welfare (S2) Department, Government of Tamil Nadu
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Nature of Litigation
Writ Appeal against order of single Judge directing decision under Section 66 of the Tamil Nadu Waqf Act, 1995.
Remedy Sought
The appellant-Wakf Board seeks to set aside the direction to take a decision under Section 66 and assert its authority to manage the Dargah.
Filing Reason
The first respondent challenged the Government Letter dated 06.12.2021 issued under Section 97, and the single Judge directed the government to take a decision under Section 66 regarding appointment of mutawalli; the Wakf Board contends that the single Judge erred in focusing solely on Section 66 and ignoring other provisions.
Previous Decisions
The single Judge passed order dated 17.11.2023 in W.P.No.23132 of 2023, directing the matter to be decided under Section 66.
Issues
Whether the Wakf Board has authority to appoint a Management Committee for a Dargah governed by a scheme decree framed by the District Court?
Whether Section 66 of the Tamil Nadu Waqf Act, 1995 is the sole provision for appointment of mutawalli in such cases, or does the Wakf Board have powers under other sections including Section 32?
Whether the Government Letter under Section 97 is valid?
Submissions/Arguments
First respondent argues: As per scheme decree, the Waqf Board has no authority to appoint Management Committee or Trustees; mutawalli must be appointed under Section 66; the writ court rightly considered issues.
Appellant argues: Section 66 cannot be read in isolation; holistic consideration of Act is needed; the Wakf Board took direct management due to mismanagement and appointed Management Committee; no impediment for Board to exercise powers under the Act; single Judge committed error.
Judgment Excerpts
Section 32 of the Act defines the powers and functions of the Waqf Board. Explanation clause to Section 32(1) clarifies that “for the removal of doubts, it is hereby declared that in this sub-section 'waqf' includes a waqf in relation to which any scheme has been made by any Court of law, whether before or after the commencement of this Act.”
the learned single Judge committed an error by not considering the other corresponding provisions of the Act, so as to approve the powers conferred to the Waqf Board under the Act.
Procedural History
The first respondent filed W.P.No.23132 of 2023 challenging Government Letter dated 06.12.2021 issued under Section 97 of the Tamil Nadu Waqf Act, 1995. On 17.11.2023, the single Judge passed order directing the matter to be decided under Section 66 of the Act. The appellant-Wakf Board filed W.A.No.3534 of 2024 assailing that order.
Acts & Sections
- Tamil Nadu Waqf Act, 1995: Section 32, Section 66, Section 97
