SYED MUSTAFA PEERAN SAHIB Vs. STATE WAKF BOARD

JUDGEMENT

(1.) IN these two petitions the prayer is for the issue of a writ of Mandamus under article 226 of the Constitution restraining the respondent, Secretary of the State wakf Board, Madras, to forbear (?) from taking any action under the Muslim Wakf act (Central Act 29 of 1954) in regard to the levy of contribution under the aforesaid Act for the properties mentioned in the schedule to the petitions.

(2.) THE petitioners contend that in Naduhalli village, Dharmapuri Taluk, Salem, district there is a certain extent of land which has been entered in the village accounts as Kairathi personal inam. This property had been enjoyed by the petitioners and their predecessors-in-title for over 100 years as their personal property. The properties are not attached to any mosque or religious or charitable muslim institution, nor was there at any time a dedication in respect of them permanently or otherwise by any person. Nevertheless, the respondent Secretary of the Wakf Board, called upon the petitioners to render accounts on the footing that the properties are wakf properties and had been so registered under the Wakf act and contributions are liable to be paid in respect of them to the Wakf Board. The petitioner in W. P. No. 833 of 1964 alleged that he was not aware of any enquiry by the Board before they declared the properties to be wakf properties. On the other hand, the petitioner in W. P. No. 1043 pf 1965 stated that he had made certain representations in writing to the respondent Board pointing out that the properties were not wakf properties and that he was not the Mutavalli of any such wakf. Both the petitioners urged that the properties have never been in the nature of wakf and that the respondent Board, acted entirely without jurisdiction in proceeding to demand contribution Under the Wakf Act from the petitioners,

(3.) IN the counter-affidavit filed by the respondent. Secretary of the Wakf Board, it is alleged that there was a detailed enquiry as prescribed in Section 4 of the Wakf act conducted by the Assistant Commissioner of Wakfs, Salem. During that enquiry, the petitioner in W. P. 1048 of 1965 represented that the land was granted by Nawab Tippu Sultan and that it was to be used for feeding fakirs at the time of Meelade-nabi and Giarween Urs, that he and the other beneficiaries were doing so every year spending about Rs. 400 for the purpose, that they had divided the lands into 17 parts and were enjoying the same and that the annual income ordinarily from the lands would be Rs. 5000. On the basis of the Assistant commissioner's report the lands were included in the list of wakfs and the list was published in the Fort St. George Gazette on 29-4-1959. It is alleged in the counter-affidavit that if the petitioners were aggrieved by such a declaration in the notification, they should have agitated the matter by filing a suit within the time prescribed in Section 6 of the Central Wakf Act, and having failed to do so, it is not open to the them in these writ proceedings to contend that the properties are not wakf properties and that they were not liabla to meet the demand for contribution.