(Prayer: Writ Petition under Article 226 of the constitution of India praying for the issue of a writ of certiorari as stated therein.)

1. This writ petition has been filed to quash the order passed by the Wakf Board dated 27.06.2000. Admittedly, the petitioner is the hereditary muthavalli of Gudimiyandithope Muslim Jamath, Chengalpattu District. But, without any reason whatsoever, the Wakf Board passed an order restricting this tenure to only three years. From the impugned order dated 27.6.2000. It is seen that the rule of succession for the post of muthavalli as per the proforma report is by hereditary custom. While that be so, by the impugned order, the muthavalliship of the petitioner was restricted to a period of three years. It is stated in the impugned order that.

This Board has appointed Jb.K.M.Abdul Subhan only under the capacity of hereditary, but the fact of restricting the tenure for a period of three years is a power which is vested with the Board which would enable the Board to have an effective control with the management of this wakf..

2. From this, it is seen that the hereditary muthavalliship has been restricted for a period of three years. The Wakf Board has a power under Section 64 of the Wakf Act, 1995 to remove any muthavalli for proved misconduct. Unless a muthavalli is removed, the muthavalli can be appointed. Further a hereditary muthavalliship cannot be converted as muthavalliship for a specific period. Therefore, under the wakf Act, 1995 the Wakf Board has no power or authority to restrict the period of muthavalliship of a hereditary muthavalli. So, the impugned order is not legally sustainable as it violates the provision of the. Hence, the writ petition is allowed and the impugned order is quashed.