G.O. (D) No. 18, Syed Mirsha Hussaini Tomb Burial Ground and Mosque Appeal, 2016
The Government of Tamil Nadu, Backward Classes, Most Backward Classes and Minorities Welfare Department, issued G.O. (D) No. 18 on 30 March 2016, rejecting Thiru A. Syed Yousuff's appeal against the Tamil Nadu Waqf Board taking over management of the Syed Mirsha Hussaini Tomb Burial Ground and Mosque at Venkundram, Vandavasi Taluk, Thiruvannamalai District. The decision leaves the Tamil Nadu Waqf Board's management takeover in place.
What the notification does
G.O. (D) No. 18 of the Backward Classes, Most Backward Classes and Minorities Welfare Department records the Government of Tamil Nadu's decision on an appeal filed under the Waqf Act, 1995. The appeal concerned the Tamil Nadu Waqf Board's takeover of the management of the Syed Mirsha Hussaini Tomb Burial Ground and Mosque at Venkundram in Vandavasi Taluk, Thiruvannamalai District.
The Government rejected the appeal. As a result, the Tamil Nadu Waqf Board's decision to bring the institution under its direct management remains undisturbed.
Background to the appeal
Thiru A. Syed Yousuff filed an appeal petition dated 17 November 2014 and requested a stay of the Tamil Nadu Waqf Board's decision. The notification states that no stay was granted.
The Tamil Nadu Waqf Board had acted through resolution item No. 134/13 in Rc.No.11609/04/B7/Thiruvannamalai, dated 19 February 2014. According to the notification, the Board took over direct management because Thiru A. Syed Yousuff had continued functioning as Mutawalli after the committee's period expired on 2 September 2007, without recognition from the Tamil Nadu Waqf Board.
Government's findings
The Government of Tamil Nadu recorded the following conclusions:
- There was no illegality in the Tamil Nadu Waqf Board's decision.
- There was no incorrectness or impropriety in the Board's order.
- There was no reason for the Government to interfere with the takeover of management.
- Thiru A. Syed Yousuff's appeal was therefore rejected.
Who may be affected
The notification directly affects Thiru A. Syed Yousuff, the former committee arrangements, and persons involved in administering the named tomb burial ground and mosque. It also matters to anyone examining records or management authority connected with the institution, because it confirms that the Tamil Nadu Waqf Board took over direct management.
The notification deals with management of the named waqf institution and the rejection of an appeal. It does not set out any sale, purchase, lease, boundary change or transfer of land ownership.
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Common questions
Who manages the Syed Mirsha Hussaini Tomb Burial Ground and Mosque after this decision?
The Tamil Nadu Waqf Board's takeover of direct management remains in place because the Government rejected the appeal against it.
Why did the Tamil Nadu Waqf Board take over management?
The notification states that Thiru A. Syed Yousuff continued functioning as Mutawalli after the committee's period expired on 2 September 2007, without recognition from the Tamil Nadu Waqf Board.
Did the Government grant a stay against the Waqf Board's decision?
No. The notification expressly states that a stay was not granted.
Does the notification transfer ownership of the burial ground or mosque property?
The notification addresses the Tamil Nadu Waqf Board's takeover of management and rejection of the appeal. It does not state that ownership was transferred.
