FATHIMUNNISSA Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) THE petitioners have filed this writ petition for the issue of a writ of certiorarified mandamus to call for the records relating to the order dated 21.9.1990 in preliminary orders passed in W.E.A.No.10/88/E5/Mds of the first respondent herein and to quash the same.

(2.) FROM the affidavit filed in support of the writ petition, the petitioners would contend that they are the mother and son and that respondents 2 and 3 have filed W.A.No.10 of 1988 before the first respondent alleging certain misdeeds in respect of a small wakf and the preliminary objection filed by the petitioners, was not accepted by the first respondent, hence this writ petition; that the preliminary objection raised before the first respondent was a question of res judicata.

(3.) IN the counter-affidavit filed by respondents 2 and 3, what comes to be known is that the Wakf has valuable property amounting to Rs.50 lakhs which as originally purchased by their grand-father and dedicated to the Wakf for the performance of ?Gyariveen? in memory of the Saint Hazarath Mohideen Abdul Khaderi Jeelani and for feeding the poor; that when the property was brought for sale on court auction, it was their paternal grand-father who purchased and rededicated the same to the Wakf; that the petitioners did not comply with the directions of the Wakf Board regarding the tenants and causing detriment and loss to the Wakf; that the petitioners occupied large extent of the Wakf property without payment of any rent; that there is conflict of interest between the petitioners and the Wakf; that the respondents are genuinely interested in the efficient management of the Wakf which was dedicated by their grand-father and hence they seek to remove the petitioners in the interest of the Wakf; that it is let open to any person interested in the Wakf to seek the removal of a delinquent Muthavalli, like the petitioners; that the principles of res judicata cannot be invoked since the court action does not revolve on the same issue and thus the respondents would ultimately pray for the dismissal of the writ petition.