MADURAI: The Madurai Bench of Madras High Court upheld an order passed by a Wakf Tribunal in Thanjavur declaring the appointment of mutawallis to a wakf in Pattukottai taluk in 2002, based on hereditary succession, as legal as per the new Wakf Act (Central Law), 1995.
Justice R Subramanian passed the order notwithstanding the prohibition of such hereditary succession under the Muslim Personal Law (Shariat) Application (Tamil Nadu Amendment) Act, XVIII of 1949, by applying the Doctrine of Repugnancy stated in the Indian Constitution. The judge noted that the question that arose for consideration in the case is as to whether the State Law namely Amended Act, XVIII of 1949 would prevail in Tamil Nadu even after enactment of the Wakf Act, 1995.
Referring to Article 254 of the Constitution, which discusses the repugnancy between the Central and State laws, the judge said, “If an existing State Law becomes repugnant to or inconsistent with a subsequently enacted Central Law, the Central Law would prevail insofar as the repugnancy is concerned unless the State Legislature re-enacts the law and reserves it for assent and obtains the assent of President.”
Mohammedan Law
Recalling an SC judgment in one PT Rishikesh’s case, Justice Subramanian upheld tribunal’s decision. The order was passed dismissing a petition by three persons in 2007 against tribunal’s order. Petitioners said the hereditary succession to mutawalliship is alien to Mohammedan Law and has also been prohibited under State legislature