Tamil Nadu Wakf Board allowed to administer Nagore Dargah
Ruling on a batch of pleas filed over the past eight years regards the administration of Nagore Dargah, the Madras high court has made it clear that the administration of the Dargah and its properties can be vested only with the Tamil Nadu Wakf Board and not the Nagapattinam principal district court which currently administers the wakf through a board comprising hereditary trustees.
By : migrator
Update: 2018-06-13 20:51 GMT
Chennai
A division bench comprising Justices M Sathyanarayanan and N Seshasayee said, “Even where the courts have framed a scheme under sec 92 of CPC for the administration of the Wakf, on the establishment of Wakf Board, the residual power of superintendence of the Wakfs which hither to remained with the court as the conscience keeper of the public trusts would shift from the scheme court to the Wakf Board.”
However, the bench in its order noted that the power of superintendence of the Wakf Board stops on determination of surplus income meant for the ‘kasupangudars’ (sharers of money) and that the wakf board cannot claim contribution in relation to the surplus funds meant for
distribution to the ‘Kasupangudars’.
On another aspect of the pleas as to who would be the successor of Haja Vanchur Pakir Sahib alias Chinnathambi Sahib one among the eight hereditary trustees who died on December 4, 2013, the bench held that only a civil court has jurisdiction to decide on the successor to the office of the eighth trustee.
It then directed the Subordinate Judges Court, Nagapattinam, to dispose the issue within six months.
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