S.AKBAR ALI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The impugned order, dtd. 18/5/2018 in Proceeding No.2356 of 2018, passed by the second respondent, is said to be challenged in the present Writ Petition, wherein the second respondent in his proceedings above mentioned directed the members of the removed committee to hand over charge and possession of the records, accounts and properties (including cash) within 15 days from the date of receipt of the order, failing which, proceedings under Sec. 68(3) of the Wakf Act, which provides for imprisonment for a term of six months or with fine, would be initiated. Challenging the same, the present Writ Petition has been filed.

(2.) The claim of the petitioner one S.Akbar Ali, President of Mohideen Andavar Jumma Pallivasal, Rathinakottai, contends that Mohideen Andavar Jumma Pallivasal, Rathinakottai is a private wakf established by the Jamaththars and has been used for religious purpose, purely on charitable basis, which is not an institution under the Wakf Board initially. The said Pallivasal is administered and managed by the committee comprising of 7 members including a President, Secretary and a treasurer, who are selected among the committee every three years in the general body of Jamath. In the same manner, the petitioner claims that the petitioner and six other members were selected by the people of that Jamath in the year 2016 and the tenure of office is valid upto June, 2019.

(3.) The petitioner further submits that one of the earlier members, who indulged in maladministration, was defeated in the selection in the earlier tenure, approached the Wakf Board to declare the mosque under the Wakf under Sec. 6 of the Wakf Act, 1995.