KHADAR SHARIFF Vs. TAMIL NADU STATE WAKF BOARD

JUDGEMENT

(1.) These appeals have been filed against, the common judgement of Justice Mohan rendered in a batch of writ petitions challenging the validity of the orders of the Tamil Nadu Wakf Board appointing Executive Officers to administer the day-today affairs of certain Wakfs in Tamil Nadu. In one case, the Wakf Board besides appointing an Executive Officer chose to appoint a committee consisting of five persons to work along with the Muthawalli of the Wakf and the same is challenged by the persons affected. The learned Judge dismissed all the Writ Petitions holding that the Wakf Board had power under S.15 of the Wakf Act, 1954 (Act XXIX of 1954) (hereinafter referred to as the Act) to appoint an Executive Officer or/and a committee to function along with the Muthawalli of the Wakf for the purpose of better administration of the Wakf.

(2.) The aggrieved appellants contend that the provisions of the Act do not enable the Wakf Board to appoint either an Executive Officer or a committee when there is a Muthawalli in management of the wakf. In all these cases, the orders of the Wakf Board do not set out any reason for the appointment of the Executive Officer; nor do they define the exact position of the Executive Officer, whether he is subordinate to the Muthawalli or otherwise. The functions of the Executive Officer have not also been defined by any of the orders. As regards the committee appointed in one case, as stated earlier, the order appointing the committee states that it is for the better administration and management of the concerned wakf. It is common ground that in none of these cases, any proceeding has been taken against the Muthawalli in management. None of the orders under challenge purport to remove the Muthawalli from office. Consequently, the question which arises for consideration is whether the Wakf Board is empowered under the provisions of the Act to appoint an Executive Officer or a committee for managing the affairs of the Wakf without removing the Muthawalli or taking any proceedings against him.

(3.) It is necessary at this stage to refer to the relevant provisions of the Act. Section 3(f) of the Act defines a'muthawalli' as a "person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the muthawalli or wakf and includes any naib-muthawalli, khadim, mejawar, sajjadanishin, amin, or other person appointed by a muthawalli to perform the duties of a muthawalli and, save as otherwise provided in this Act, any person or Committee for the time being managing or administering any wakf property as such". Section 15 of the Act sets out the functions of the Board. Clause (1) of S.15 of the Act reads thus :-