Chennai: The Madras high court has directed the state government to frame within three months, the rules under the Wakf Act for constitution of the three-member Wakf Tribunal to prosecute all disputes in respect of Wakf property or Wakf.
A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R.Mahadevan gave the directive while disposing of a petition from K.Madhu, which sought a direction to the State government to take action to constitute the Wakf Tribunal consisting of three members.
The bench said the requirement for constitution of the Tribunal was not in doubt keeping in mind the directions of the Supreme Court. The draft rules have already been proposed by the Wakf Board and sent to the state government. “We would have expected the State government to take a stand that they will do so expeditiously rather than pleading for a prolonged period of time to be consumed over a non-complicated issue.
The question of selection of persons would arise only after the rules have been framed and notified and we expect this process to be completed within three months. Thereafter, the question of selection would arise, for which a period of two months would suffice. List for the first part of compliance on October 21”, the Bench added.
In his petition, Madhu submitted he was one of the partners of M/s Million Foundations, which purchased a property measuring about 2686 sq.ft at Linghi Chetty street, Chennai, through a sale deed dated February 5, 2007. After the said purchase, the Wakf board was trying to claim that the said property was wakf property and the chairman of the Wakf Board passed an order. He and his partners challenged the said order before the Wakf Tribunal in 2011 and the same was pending for consideration. In the said Wakf Tribunal, there was only one judicial member. The amended Wakf Act mandates constitution of Wakf Tribunal consisting of three members.
The Supreme Court also gave a direction to constitute three-member Wakf Tribunal. But the state government has not constituted the Wakf Tribunal, he added.
In its counter, the state government said the government and Tamil Nadu Wakf Board have initiated the process. The process of framing rules and its notification, consultation with the departments, finalization of candidates and selection of fresh candidates will consume time. The government has started the process and was proceeding with the same. These rules and instructions have to be strictly adhered to in order to ensure that tribunal so constituted functions in a proper manner and discharges the duties imposed on it by the Wakf Act.
