LAWS(MAD)-2011-6-2

MOHAMED MUJEEBUR RAHMAN Vs. STATE OF TAMIL NADU

Decided On June 06, 2011
Mohamed Mujeebur Rahman Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The Writ Petition is for a direction against the Second Respondent, viz., Tamil Nadu Wakf Board, to restrict its supervisory control over the "Nawab Fazilathunnissa Begum Sahiba Mosque Endowment Chennai" only in accordance with the terms and clauses of the scheme decree dated 10.2.1941 made in O.S. No.63 of 1940 on the file of the Principal Judge, City Civil Court, Chennai.

(2.) 1. The Fazilathunnissa Begum Sahiba Mosque Endowment (for brevity, "the Mosque Endowment") is situated in Anna Salai, Nandanam and was dedicated by its ancestor Nawab Fazilathunnissa Begum Sahiba through a Will dated 30.1.1877 and a Codicil dated 2.2.1877. It is stated that the Sub-Court, Chengalpattu has framed a scheme for the administration of the Mosque Endowment in the judgment and decree dated 10.2.1941 in O.S. No.63 of 1940 and according to the Petitioner, since then the Mosque Endowment has been administered as per the terms of the scheme decree made in the above Suit.

(3.) Even though the Second Respondent has not filed its Counter Affidavit, Mr. V. Raghavachari, learned Counsel, has filed typed set of papers and made his legal submissions.