D. SYED YOUSUFF SAHIB Vs. ANWHAR RAAJHAA, CHAIRMAN

JUDGEMENT

(1.) We have elaborately heard the appellant, the learned counsel for the appellant and the learned counsel appearing for the respondents.

(2.) This appeal, filed under Clause 15 of the Letters Patent, is directed against the order dated 25.10.2019 passed by the learned Single Judge in Contempt Petition No.541 of 2019 for the alleged disobedience of the order and directions dated 12.2.2018 in W.P.No. 5834 of 2016.

(3.) The appellant is an ex-serviceman, as could be seen from the photostat copies of documents annexed in pages 1 to 17 of the typed set of papers. The appellant filed an application before the Tamil Nadu Waqf Board praying for an order to appoint him as hereditary trustee of Nawab Chandamia Mosque (hereinafter referred to as the mosque for brevity), Tiruvannamalai Town North, Tiruvannamalai District. Among other things, the appellant, in the application filed before the Wakf Board, stated that he is the son of one Mr.Syed Dawood and the grand son of Late Mr.Syed Jaffer Ali, who was the inamdar handed over the hereditary succession to the son of his elder brother late Mr.Syed Haider Ali i.e to Mr.Syed Mohammed Bukhari. His grandfather the said Mr.Syed Jaffer Ali's elder brother Mr.Syed Bukhari was in Government service in Burma, working in Survey Department during the second world war. Since his presence was required in Velakkandal to look after the ancestral inam properties, he resigned his Government job in Burma and opted to return to his native place in India. Unfortunately, on his way to India, the train, in which, he was traveling, was bombarded, as a result of which, he died and during the interregnum period, there was no hereditary representation in the management of the wakf. Subsequently, due to various reasons, the Board found that there was no fit and proper person to be appointed as the hereditary muthavalli, as a result of which, elections were conducted among the members of the jamath. It was in consequence of the same, a committee of management was appointed by the Wakf Board without hereditary representation, which was in material contradiction to the terms of the original grant.