K.S. SHARFUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) While all the Civil Revision Petitions (except C.R.P.(PD)(MD)No.2666 of 2012) filed under Article 227 of the Constitution, arise out of the appointment of several persons as trustees of the M.K.N.Madarasa Trust, Adirampattinam, in a scheme suit on the file of the Principal District Judge, Thanjavur, the writ petition is by the 11th respondent in the Civil Revision Petition in C.R.P (PD) (MD)No.2461 of 2012, challenging the constitutional validity of the Explanation under Section 32(1) and clause (g) of sub Section (2) of Section 32 of the Wakf Act, 1995. C.R.P.(PD)(MD)No.2666 of 2012 is filed under Article 227 of the Constitution, challenging a similar order of appointment of trustees passed by the Scheme Court for the previous term namely 2008-2011.

(2.) We have heard Mr.R.Viduthalai, learned Senior Counsel for the writ petitioner, who is also one of the hereditary trustees appointed by the trial Court, Mr.Veera.Kathiravan, learned counsel for the 11th respondent in the Civil Revision Petition in C.R.P (PD) (MD)No.2461 of 2012, Mr.D.Nallathambi, learned counsel for the Union of India, Mr.B.Pugalenthi, learned Special Government Pleader for the State of Tamil Nadu, Mr.K.K.Senthil, learned Standing Counsel for the Tamil Nadu Wakf Board, Mr.V.K.Vijayaragavan, Mr.F.Mohammed Yusuf, Mr.A.S.Mujibur Rahman, Mr.K.K.Ramakrishnan and H.Arumugam, learned counsel for the petitioners in the Civil Revision Petitions.

(3.) By two deeds of gift executed more than a century ago on 16.02.1900 and 06.04.1901 one Haji Khadir Mohideen Marakayar of Athiramapattinam in Thanjavur District endowed a vast extent of wet and dry land measuring about 1500 acres, with the noble object of providing religious education through Madarasas. The endowment was known as Madurasathul-salahi- adramil Filaki otherwise known as M.K.N.Madarasa Trust of Adirampattinam.