K M BASHEER Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) THE Wakf Board in its order dated 28. 9. 2005 has taken over the management of the Wakf under question for a period of six months from 28. 9. 2005 from the President and other Office bearers and the secretary, who was a managing trustee as per the trust deed. An application has been preferred against the said order of the Wakf Board before the appellate Authority/tribunal (I Assistant Judge, City Civil Court, Chennai) in O. A. No. 11 of 2005. The learned appellate Authority/tribunal had confirmed the order passed by the Wakf Board, which has necessitated this revision.

(2.) THE learned Senior Counsel Mr. Kumar appearing of the revision petitioners would challenge the impugned order of the Wakf Board dated 28. 9. 2005 on the ground that only under two circumstances, the order under Section 65 of the Wakf Act can be passed and those two circumstances are (1) If suitable person is not available to be appointed as Muthavali (2) If the appointment of the Muthavali was prejudicial to the interest of the Wakf, and that there is absolutely no material on record to show that the above said two requirements under Section 65 of the Act have been complied with warranting an order under Section 65 of the Act. The learned Senior Counsel would also point out that the said order was passed mainly on the ground of allegation and counter allegation against the nine Muthavalies. It has further been observed in the impugned order that the Wakf in question was not properly maintained by the trustees. Only on that ground the management of the Wakf was taken away by the Wakf Board under the impugned order for six months. Now it is fairly admitted by the learned Senior Counsel that six months period stipulated under the impugned order has already been expired by the end of March-2006 and nothing survives in this revision.

(3.) THE learned counsel for the Wakf Board Mr. Sirajudeen would contend that the paramount importance is the welfare of the Wakf and that some arrangements shall be made by this Court for the proper functioning of the Wakf. If the Wakf Board has got any grievance against the running of the Wakf, the remedy open to them is to follow the provisions contemplated under Section 64 to 67 of the Wakf Act.