LAWS(MAD)-2023-4-254

B. ABDUL KATHER Vs. TAMIL NADU WAKF BOARD

Decided On April 11, 2023
B. Abdul Kather Appellant
V/S
TAMIL NADU WAKF BOARD Respondents

JUDGEMENT

(1.) The petitioner, who is one among the descendants of the Wakif through the female line, is aggrieved by the proceedings of the first respondent dtd. 8/8/2022, wherein the first respondent has effected certain modifications to the scheme decree that was passed in O.S.No.44 of 1952 by the I Additional Sub Court, Trichy.

(2.) The case of the petitioner is that the wakf, viz., Hazarath Nabi Sallalaho Aleichi O Sallam Fatihah Wakf, is a registered wakf bearing No.609/Trichy. The said wakf was administered as per the scheme decree passed in O.S.No.44 of 1952 by the I Additional Sub Court, Trichy, dtd. 5/8/1954 and which was subsequently confirmed by the Division Bench of this Court in A.S.No.666 of 1954 by judgment and decree dtd. 25/10/1960. The scheme decree provided for appointment of trustees. According to the petitioner, one among the descendants of the wakif through the female line is also entitled to be appointed as trustee and the petitioner falls under that category.

(3.) The grievance of the petitioner is that the first respondent through the impugned proceedings dtd. 8/8/2022 had modified the scheme decree and one such modification that was suggested to be implemented by the first respondent was that the trustees must come only from the male descendants and the descendants of the wakf through the female line was sought to be completely removed. Aggrieved by the same, the present writ petition has been filed before this Court.