NAFISUDEEN Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent-Tamil Nadu Wakf Board.

(2.) THIS Writ Petition is filed challenging the order of the respondent-Wakf Board, dated 11. 9. 2007, by which the petitioner who was acting as Muthavalli of Kattu Magadoom Pallivasal Dargah, Veerapandiapattinam Village, Tiruchendur Taluk (V. O. C. District) was removed on the basis of certain charges.

(3.) THE case of the petitioner is that the said Dargah is a notified "wakf". According to the petitioner, the said Wakf (Dargah) was under the management of his father's elder brother Magadoom Mohideen of Kayamozhi Village and after his demise, it was managed by his descendants. The said Late Magadoom Mohideen Maraicair had purchased 8 acres in S. R. No. 329/1 of Veerapandi Village and that the property became part and parcel of the said Dargah, which was constituted by the family. As per the trust deed executed by the said Magadoom Mohideen Maraicair, the property was dedicated on the basis that the management of the Wakf should be by the descendants. The said Wakf was confirmed by the Special Officer of the Tamil Nadu Wakf Board, recognising the petitioner as Muthavalli of the said Wakf (Dargah ). Appeal filed by third parties was also dismissed by the Government, and therefore, ultimately, the petitioner was confirmed to be the hereditary Muthavalli.