The Mumbai-based Sufi Islamic Board has said that the Tamil Nadu Waqf Board has undermined the Constitution by issuing enquiry notices to mutawalis or caretakers of 28 trusts because the board, with five unelected members, is under suspended animation after the commencement of the Waqf (Amendment) Act, 2025.
The TNWB had 11 members, including six elected and five nominated. With the new law coming into force, only the elected members remain on the board. "The board issued notices to the mutawalis on April 11 after the new law came into effect on April 8. The board cannot issue notices till the strength of the board is completed under the new law," said Shaukat Ali, advisor to the Sufi Islamic Board.
Under the amended Section 14 of the law, it is stipulated that the elected members of the board holding office on the commencement of the Waqf (Amendment) Act, 2025 shall continue to hold office as such until the expiry of their term of office. "It means that only elected members continue to hold office as such until the expiry of their term of office but not the nominated members of the erstwhile waqf Boards. TNWB in defiance of the Amended Act issued notices dated April 11, calling for enquiry on April 16 and 17. Therefore the TNWB, a creature of the Parliament, has undermined the Constitution established by law," said Mansoor Khan, president of the Mumbai-based Sufi Islamic Board. 'The action raises the question whether the Tamilnadu Wakf Board has the power to defy a law passed by the Parliament under the Constitution.'
The Parliament passed the Waqf (Amendment) Bill, 2025, to 'enhance transparency, accountability, and efficiency in managing' Waqf properties which are Muslim religious endowments. "It seems that this is the first violation of the Waqf Act after it was implemented by the Parliament," Khan added.
Tamil Nadu, where the DMK-led government opposes the new law, has reported controversial actions by Waqf trusts. Recently, 150 families in Kattukollai village in Anaikattu taluk of Vellore District complained that the Syed Ali Sultan Shah Dargah in Virinchipuram claimed that they have been living on Waqf property and that they should pay rent for occupying the land. The villagers said they have documents to show that they own the land on which their houses stand. In 2022, the TNWB had claimed an entire village, including an ancient temple, in Tiruchirapalli district.
