The Madras High Court has clarified the respective powers of the Tamil Nadu Waqf Board and the State Government in appointing Mutawallis for waqfs governed by existing deeds, court decrees, judicial orders or schemes of management.
A Full Bench comprising Justice N. Sathish Kumar, Justice R. Vijayakumar and Justice L. Victoria Gowri held that the Waqf Board does not have jurisdiction under Section 32 to make such appointments where Section 66 of the 1995 Act applies. In those cases, the State Government is the appointing authority, but it must consult the Waqf Board.
Background of the Case
The reference arose from a challenge to the Tamil Nadu Waqf Board's decision dated June 25, 2025, appointing three general trustees for the Hazrath Tableh Alam Bahadur Shah Nathar Wali Dargah Waqf in Tiruchirappalli.
The waqf was governed by a Scheme Decree passed by the Sub Court, Tiruchirappalli, in O.S. No.91 of 1925. Under that scheme, the appointment of certain trustees was vested in the Scheme Court. The petitioners argued that Section 66 transferred this particular power to the State Government, subject to consultation with the Waqf Board.
The Single Judge, Justice G.R. Swaminathan, noticed conflicting precedents on the interaction between Sections 32 and 66 and therefore referred the question to a Larger Bench.
Court's Observation
The Full Bench examined the statutory scheme and held that Sections 32 and 66 operate in different fields.
Section 32 gives the Waqf Board general superintendence over waqfs, including those governed by judicial schemes. However, Section 66 specifically deals with powers arising from a deed, decree, court order or scheme where an authority other than the Board had been given powers such as appointment or removal of a Mutawalli.
The Bench observed that the two provisions are “complementary provisions operating in distinct legislative fields” and should be interpreted in a manner that gives effect to both.
The Court also made clear that existing judicial Scheme Decrees do not automatically disappear because of the 1995 Act. Such schemes continue to operate unless lawfully modified, superseded or brought to an end.
Decision
Answering the reference, the Full Bench held that the Tamil Nadu Waqf Board does not possess jurisdiction under Section 32 to appoint Mutawallis where the waqf is governed by a deed, decree, court order or scheme to which Section 66 applies.
The Bench ruled that in such cases, the State Government is the appointing authority and must act in consultation with the Waqf Board under Section 66.
The Registry was directed to place the writ petition before the concerned Single Judge for disposal on merits in accordance with the law declared by the Full Bench.
Case Details:
Case Title: J. Ilayas & Anr. v. Government of Tamil Nadu & Ors. and connected matters
Case Number: W.P.(MD) No.24333 of 2025 and W.A.(MD) Nos.3073 & 3110 of 2025
Judge: Justice N. Sathish Kumar, Justice R. Vijayakumar and Justice L. Victoria Gowri
Decision Date: July 31, 2026
