1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.13365 of 2011 And M.P.(MD) No.2 of 2011 1.M.Abdul Khader 2.S.Moideen 3.B.Abdul Khader .. Petitioners vs. 1.The Tamil Nadu Wakf Board, represented by its Chairman, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pass an order of extension of the appointment of the petitioners as Trustees of Hazarath Nabi Sallalahu Alahivassalam Trust till new Trustees are appointed. For Petitioners : Mr.J.Barathan For Respondents : Mr.K.K.Senthil, Standing Counsel for Wakf Board. O R D E R The petitioners have come up with the above writ petition, seeking a Mandamus to direct the respondents to pass an order of extension of the appointment of the petitioners as Trustees of Hazarath Nabi Sallalahu Alahivassalam Trust, till a new set of Trustees are appointed. 2. Heard Mr.J.Barathan, learned counsel for the petitioners and Mr.K.K.Senthil, learned Standing Counsel for the respondent-Wakf Board. 3. Though the history relating to the management and administration of the Wakf in question, dates back to the year 1934 and a Scheme Decree https://hcservices.ecourts.gov.in/hcservices/ 2 passed by the Sub Court, Trichy in O.S.No.44 of 1952, the historical details are not necessary for the disposal of the present writ petition. In so far as the petitioners herein are concerned, they were appointed as Trustees by an order dated 22.2.2008 issued by the Chief Executive Officer, in pursuance of a Resolution bearing Resolution No.197 of 2007 dated 26.12.2007 passed by the Tamil Nadu Wakf Board. The terms of appointment, which are in tune with the Scheme Decree, make it clear that the petitioners were appointed for a period of 3 years, with effect from 26.12.2007. Consequently, their term of Office expired on 25.12.2010. 4. Thereafter, the first respondent-Wakf Board has not chosen to appoint a new set of Trustees, though steps were taken to conduct a selection. Consequently, the petitioners are continuing by default, for the past 11 months. Therefore, they have come up with the above writ petition, seeking appropriate directions to the Tamil Nadu Wakf Board to legalise their continuance in Office till a new set of Trustees is appointed. 5. But unfortunately for the petitioners, the Chairperson and a majority of the members of the Wakf Board have already resigned in May 2011. No Chairperson has so far been appointed by the State Government in the past 6 months. The other vacancies are also not filled up. While the petitioners are concerned about the expiry of their term, the Wakf Board which is to take care of such contingencies itself is not functional as on date. Therefore, the learned Standing Counsel for the respondent stated that the question of the first respondent passing orders would not arise, till a full complement of Wakf Board is duly constituted. 6. But the contention of the learned counsel for the respondents loses sight of one important legal aspect namely that no institution would tolerate vacuum. The Wakf Board is a body corporate under Section 13(3) of the Act and hence it would have perpetual succession. The resignation of the Chairperson and a majority of the members of the Wakf Board, may not really bring to an end, their continuity of Office. Section 19 of the Wakf Act, 1995 which speaks of the resignation of the Chairperson and members, makes it clear in the proviso thereunder that the Chairperson and the members shall continue in Office until the appointment of their successors is notified in the Official Gazette. Therefore, despite the resignation of the Chairperson and a majority of the members, they would continue to constitute the Board in terms of the proviso to Section 19 and hence they can certainly take appropriate action on the request of the petitioners. 7. In view of the above, the writ petition is disposed of, directing the second respondent herein to call for a meeting of the Wakf Board, taking note of the proviso under Section 19 of the Wakf Act, 1995 and put up before the Board, the question of extension of the Office of the petitioners until a new set of Trustees is appointed and the same is also notified. Till the Board takes a decision, the petitioners can continue to hold Office and discharge their obligations. Since the second respondent is the Chief Executive Officer of the Board, he is directed to convene a meeting of the Wakf Board, within a period of 4 weeks from the date of receipt of a copy of this order. If in the meantime, the Government chooses to notify the appointment of a new set of members, those members shall take up the Agenda relating to the extension of https://hcservices.ecourts.gov.in/hcservices/ 3 Office of the petitioners and pass necessary resolution appointing a new set of Trustees for the Wakf in question. 8. The writ petition is disposed of with the above directions. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) To 1.The Chairman, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Sirang Road, Vallal Seethakathi Nagar, Chennai. +1cc to Mr.T.R.Jeyapalam, Advocate, SR.No.42560 svn GH : 10.12.2011 : 3p/4c W.P.(MD)No.13365 of 2011 and MP(MD).2 of 2011 01-12-2011 https://hcservices.ecourts.gov.in/hcservices/