A.ABU THAHEER Vs. TAMIL NADU WAQF BOARD

JUDGEMENT

(1.) The challenge in the writ petition is to an order made by the first respondent calling upon the petitioner not to refuse permission for burial as the burial ground is public in nature and also not to refuse the grant of death certificate.

(2.) Heard Mr.M.Mahaboob Athiff, learned counsel for the petitioner, Mr.S.A.Ajmal Khan, learned counsel for the respondents 1 and 2 and Mr.S.Anwar Sameem, learned counsel for the respondents 3 and 4.

(3.) The learned counsel appearing on behalf of the petitioner would submit that the petitioner Waqf is a notified Waqf under Sec. 6 of the Waqf Act, 1995. Originally, the Waqfs comprised of a Mosque. After the formation of the Waqf, properties were purchased by the Mosque from the common fund and there is no dedication in respect of the said properties except the Mosque. One of the properties that were purchased by the management adjacent to the Mosque to an extent of 93 cents has been used as a graveyard for the members of the petition mentioned Waqf, who are in payment of subscription. The revenue records in respect of the said property stand in the name of individuals, who are the Office Bearers and not in the name of the Waqf. Therefore, he would submit that the said burial ground cannot be a part of the Waqf for the property of the Waqf as it did not comply with the twin conditions, namely being a dedication to the almighty coupled with the dedication for any purpose considered in Muslim law to be pious, religious and charitable. He would further submit that the burial ground is held by the Management Committee for the benefit of its members, who contribute to the common fund. The members of other Jamath had approached the management of the petitioner Waqf to permit them to bury the dead belonging to their Jamath, which was declined.