1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.7393 of 2011 and M.P(MD)No.1 of 2011 Routharmar Big (Jumma) Pallivasal, (a Registered Wakf), Inamkulathur, Trichy Dt, Rep. by its President, M.Nazar Mohamed .. Petitioner Vs. 1.The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, Jafar Siranj Street, Vallal Seethakathi Nagar, Chennai. 2.The Inspector of Wakf, 12, Kiledar Street, Trichy-2. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the second respondent passed in Na.Ka.GS.761/Va.Aa/Thiru/2011, dated 20.06.2011 and quash the same and consequently directing the first respondent to approve the selection of the Executive Committee of the Petitioner Wakf as per the request of the petitioner dated 28.06.2011. For Petitioner : M/s.Veera Kathiravan For Respondents : Mr.K.K.Senthil O R D E R This Writ Petition has been filed to quash the impugned notice of the second respondent in Na.Ka.GS.761/Va.Aa/Thiru/2011, dated 20.06.201 and to direct the first respondent to approve the selection of the Executive Committee of the Petitioner Wakf as per the request of the petitioner, dated 28.06.2011. 2. Heard Mr.Veera Kathiravan, learned counsel for the petitioner and Mr.K.K.Senthil, learned counsel for the respondents. 3. By consent, the writ petition itself is taken up for final hearing. 4. The petitioner challenges the notice issued by the second respondent calling for General Body Meeting on 08.07.2011 to elect the Executive Committee Members to manage the affairs of the Wakf. 5. The contention of Mr.Veera Kathiravan, learned counsel for the petitioner is that on 17.06.2011, the election was over and therefore, there was no need for another meeting and hence, the proceedings is arbitrary. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Mr.K.K.Senthil, learned counsel for both the respondents, on instructions from the second respondent who is present in the Court submits that due to some untoward incident which happened on 17.06.2011, the second respondent was forced to sign in the Minutes and according to him, there was no proper election and therefore, the present notice was issued. 7. It is also contended by Mr.K.K.Senthil, learned counsel for the respondents that the issue raised by the petitioner on the impugned notice and the election to the post of Executive Committee Members of the Wakf is an issue which can be agitated before the Wakf Tribunal constituted under the Wakf Act, 1995, if the petitioners are aggrieved. In this regard, he relied on the decision of the Honourable Apex Court reported in 2011 (1) CTC 636(Board of Wakf, West Bengal & another vs. Anis Fatma Begum & another). 8. He further submits that on 29.06.2011, the second respondent and the Superintendent of Wakf have sent a report to the first respondent about the untoward incident that happened during the election held on 17.06.2011. He further stated that the complaints of the Members of Jamath have been forwarded to the Wakf Board for suitable action. 9. In view of the subsequent events that happened after the impugned notice was issued, the second respondent who is present in Court instructed the learned counsel for the respondents to state that they are not going to proceed with the election on 08.07.2011 as per the impugned notice, dated 20.06.2011 and they will await further instructions from the first respondent. Such statement is recorded. 10. The Honourable Apex Court in the above stated decision has categorically held that the Wakf Tribunal can decide the dispute, questions and other matters relating to Wakf or Wakf property and the word 'any dispute' has wide connotation. Referring to various provisions of the Act, the Honourable Apex Court has clearly held that all matters pertaining to the Wakf should be agitated before the Wakf Tribunal and that Civil Courts and the High Courts should not entertain such disputes. Paragraph Nos.10, 11, 14 and 15 in the aforesaid decision which are relevant, read as follows: "10. In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India. 11. It may be mentioned that the Wakf Act, 1995 is a recent parliamentary statute which has constituted a special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the Courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in increase in pendency of cases in the Courts. Hence, a special Tribunal has been constituted for deciding such matters. https://hcservices.ecourts.gov.in/hcservices/ 3 14. Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words "any dispute, question or other matters relating to a Wakf or Wakf property" are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word 'Wakf' has been defined in Section 3(r) of the Wakf Act, 1995 and hence once the property is found to be a Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal. 15. Under Section 83(5) of the Wakf Act, 1995 the Tribunal has all powers of the Civil Court under the Code of Civil Procedure, and hence it has also powers under Order 39, Rules 1,2 and 2-A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions. Hence, a full-fledged remedy is available to any party if there is any dispute, question or other matter relating to a Wakf or Wakf property." 11. In view of the settled position of law by the Honourable Apex Court, the petitioner is at liberty to challenge the impugned proceedings before the Wakf Tribunal if necessary and if so advised. The statement of the second respondent that they will not proceed further in the matter pending further instructions from the first respondent is recorded. Hence this Court is not inclined to interfere with the proceedings impugned. 12. Giving liberty as above, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Chief Executive Officer, Tamil Nadu Wakf Board, Jafar Siranj Street, Vallal Seethakathi Nagar, Chennai. 2.The Inspector of Wakf, 12, Kiledar Street, Trichy-2 1CC TO MR. VEERA.KATHIRAVAN, ADVOCATE, SR: 21723: DM::2011:JULY::05:: W.P.(MD)No.7393 of 2011 05.07.2011 3P:4C:: https://hcservices.ecourts.gov.in/hcservices/