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Madras High CourtWP(MD)/5097/2017dismissed

A.Mohamed Ali Shah v. The Tamil Nadu Wakf Board

2017-03-23Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.5097 of 2017 and W.M.P(MD)Nos.4101 and 4102 of 2017 A.Mohamed Ali Shah : Petitioner Vs.

1.The Tamil Nadu Wakf Board, rep. by its Chief Executive Officer, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

2.The Wakf Superintendent, O/o The Superintendent of Wakf, 159/3 Therappu Sayanam Road, Velipattinam, Ramanathapuram.

: Respondents Prayer : This Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for records relating to the impugned proceedings of the 2nd respondent in Na.Ka.G.S.198 & 200 / RMD/17 dated 22.02.2017 and quash the same as illegal and consequently to direct the respondents to hold elections to the Sabashkhan Gori Pallivasal Jamath Wakf by secret ballot method under the supervision of an Election Officer to be appointed by the 1st respondent in accordance with the circular issued by the 1st respondent in Na.Ka.No.7394/U1/06 dated 09.07.2008 and in Na.ka.No.1760/U1/12/Election dated 14.02.2012 within the time that may be stipulated by this Court.

For Petitioner : Mr.Athif for Ms.T.K.Akalya For Respondent : Mr.K.K.Senthil ******

O R D E R

This writ petition has been filed by the petitioner challenging the impugned proceedings of the 2nd respondent in Na.Ka.G.S.198 & 200 / RMD/17 dated 22.02.2017 and seeking for a consequential direction to the respondents to hold election to the

Sabashkhan Gori Pallivasal Jamath Wakf by secret ballot method under the supervision of an Election Officer to be appointed by the 1st respondent in accordance with the circular issued by the 1st respondent in Na.Ka.No.7394/U1/06 dated 09.07.2008 and in Na.ka.No.1760/U1/12/Election dated 14.02.2012 within a stipulated time.

2.It appears that the petitioner has some grievance against the administration of the Wakf in question and the conduct of the election.

3.Mr.K.K.Senthil, learned Standing Counsel, who took notice for the respondents, would submit that the writ petition is not maintainable in view of the decision of the Honourable Supreme Court of India reported in 2011(1) CTC 636 (Board of Wakf, West Bengal and another vs. Anis Fatma Begum and another). According to the said decision, the Wakf Tribunal has all powers of Civil Court and in case of any dispute relating to the Wakf or the Wakf property, a party can be agitated before the Wakf Tribunal. The relevant paragraphs of the said Judgment is extracted hereunder:- "10.

In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightway under Article 226 of the Constitution of India." "14.Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words "any dispute, question or other matters relating to a Wakf or Wakf property" are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal.

The word 'Wakf' has been defined in Section 3(r) of the Wakf Act, 1995 and hence, once the property is found to be a Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal.

16.We may further clarify that the party can approach the Wakf Tribunal, even if no order has been passed under the Act, against which he/she is aggrieved. It may be mentioned that Section 83(1) and 84 of the Act do not confine the jurisdiction of the Wakf Tribunal to the determination of the correctness or otherwise of an order passed under the Act. No doubt, Section 83

(2) refers to the orders passed under the Act, but, in our opinion, Sections 83(1) and 84 of the Act are independent provisions, and they do not require an order to be passed under the Act before invoking the jurisdiction of the Wakf Tribunal. Hence, it cannot be said that a party can approach the Wakf Tribunal only against an order passed under the Act. In our opinion, even if no order has been passed under the Act, the party can approach the wakf Tribunal for the determination of any dispute, question or other matters relating to a wakf or wakf property, as the plain language of Sections 83(1) and 84 indicates."

5.In view of that, the present writ petition filed by the petitioner cannot be maintained in law. Therefore, the Writ Petition is dismissed as not maintainable. However, it always open to the petitioner to work out his remedy by approaching the Wakf Tribunal and seek whatever relief he is entitled to. No costs. Consequently, connected miscellaneous petition are also dismissed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar TO +1CC TO AJMAL ASSOCIATES, ADVOCATE,SR NO.17478 +2 CC TO MR.K.K.Senthil, ADVOCATE, SR NO.16989 skn MAS/SV-MMS/SAR1:21.06.2017:3P-4C W.P.(MD) No.5097 of 2017 and W.M.P(MD)Nos.4101 and 4102 of 2017 23.03.2017