SC Stays Madras High Court Order, Directs Revival of Tamil Nadu Waqf Board

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Chief Justice of India Surya Kant seeks clarity on pending appointments as the Muslim community welcomes fresh hope for religious administration

NEW DELHI — In a significant development for the Muslim community in Tamil Nadu, the Supreme Court on Thursday stayed an order of the Madras High Court that had effectively halted the functioning of the Waqf Board in the state.

The matter arose after the high court observed that the requirement relating to the appointment of two non-Muslim members to the board had not been fulfilled. On that basis, the court declared the board inactive, leading to a suspension of its administrative work.

The decision had drawn concern from sections of the Muslim community, as the Waqf Board plays a central role in managing mosques, graveyards and charitable properties across the state.

Hearing the matter, the Supreme Court bench led by Chief Justice Surya Kant took a different view. The apex court stayed the high court’s order that had rendered the board non-functional.

The Chief Justice observed that declaring the entire board inactive over the issue of appointments was not appropriate. The bench directed that the order be kept in abeyance, allowing the board’s functioning to resume, subject to further clarification on the composition of its members.

Senior advocate P Wilson informed the court that only three appointments were pending and that the process to identify the remaining members was underway. The Supreme Court has directed that details regarding the identification of eight members be placed before it at the next hearing.

A member of the Muslim community in Chennai said, “The board was not able to function properly after the high court’s order. Many matters related to waqf properties were stuck. We feel relieved after the Supreme Court’s intervention.”

Another community representative remarked, “The Waqf Board manages religious and charitable assets. If it stops functioning, the impact is felt at the grassroots level.”

The Tamil Nadu Waqf Board is a statutory body responsible for overseeing waqf properties, which include mosques, dargahs, burial grounds and charitable endowments. Its role extends beyond religious management to social welfare activities, including support for education and assistance to the needy.

Legal observers say the Supreme Court’s stay order does not settle the issue permanently but provides immediate relief. The outcome will depend on compliance with statutory requirements regarding the board’s composition.

For now, the stay has restored hope among many Muslims in Tamil Nadu that administrative work linked to waqf properties will resume without interruption.

The next hearing is expected to provide greater clarity on the pending appointments and the future structure of the board.

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