Home >
 

Events Leading upto the Passing of Prince of Arcot Endowments Act
Tamil Nadu Act II of 1923

The Properties comprised in the Endowments originally were private and, the Endowments founded as an adjunct of the sovereign power of the Nawabs of Carnatic. The Mosques at various places now scheduled in Act II of 1923 were built by the Nawabs, both at Tiruchirapalli and Chennai. Nawab Muhammad Ali Wallajah, the Nawab of the Carnatic titled "Amirul Hind Nawab Wallajah", was administering the area in South India comprising Palghat in Kerala on the West and Kanyakumari in the South and Bidar in Karnataka and Nellore in the North from 1749 to 1795 A. D. He founded the Big Mosque and the Anwari Mosque at Triplicane and the Mamoor Mosque at Angappa Naicken Street in Chennai, besides many Mosques in the state of Tamil Nadu. He

displayed qualities of secularism, which resulted in his donation of large tracts of land to Christian Missionaries in Tiruchirapalli, which subsequently housed the Bishop Heber College, the St. Joseph's College, and to Sri Ranganathaswamy Temple, Srirangam, a famous Hindu Shrine, even now called "Nawab Thottam" (Nawab Garden). Similarly, mosques were built at Tiruchirapalli.

However, in 1801, the British took over the military and civil administration from the Nawab and they were reduced to being titular heads of the Carnatic. Azim-ud-Dowla was installed by British Government on the 31st July, 1801 and he administered his private Endowments and the properties comprised therein. Regulation VII of 1817, brought into the statue book for the control of superintendence of Public Religious Endowments, did not include the Nawab's Endowments. Nawab Wallajah-III died in August 1819. After him, Azam Jah

Bahadur was Nawab Wallajah-IV till 1825. In 1825, Ghulam Mohammed Ghouse Khan Bahadur was installed as Nawab Wallajah-V and being a minor, Nawab Azim Jah Bahadur, acted as Nawab Regent till 1842. Nawab Wallajah-V died in 1855 A.D. with no male issue. The properties were placed under the control of a receiver, as the Doctrine of Lapse was applied to the succession of properties. However, by persistent fight and litigation with the British for restoration of charge of endowed properties and due to the intervention of British Parliament, Azim Jah Bahadur was created, by Royal Letters Patent, published in G.O. No.95/ 9.4.1867, "Prince of Arcot". Charge of villages, mosques and tombs as claimed by Azim Jah Bahadur were recognised by the Government and the right to management and other stipulations were in the form of a treaty. The right to the management of the Endowments was not vested by creation of trust, but as part of ancestral rights. Management was restored as an Act of State.

The High Court of Madras, in a judgement in O.S.A. NO. 103/1913, held that the Wakf was created not by a private person, but a sovereign. When in 1913 a scheme suit was filed at Tiruchirapalli in respect of the Endowments, the then Agent, Moulvi Mohammed Abdur Rahman Sahib 'SHATIR' with the Fatwa of prominent Muslim Ulama issued on 15-9­1921, was able to persuade the Government to enact the 'Prince of Arcot Endowments Act' and the private wakf was converted into a public wakf with the consent of the then Prince of Arcot. The Bill was piloted in the Legislative Council, Madras, by the then Law Member, Sir C.P. Ramasamy Aiyar with the main object of preserving the institution of the Prince of Arcot and preventing any move to remove the Prince of Arcot from the management of public charitable and religious institutions. The Act under Sec. 5 created a scheme for Trichy properties and the Act barred future invocation of reliefs under Sec.92(i) CPC, or reliefs specified in the Religious Endowments Act XX of 1863 in respect of religious and charitable trusts. This Act still continues in force for the governance and administration even today as unequivocally decided by the Bench of the Madras High Court in W.A.2204/1987.

Mr. U. Mohamed Khalilullah, a leading chartered accountant, is the present agent to manage the Prince of Arcot Endowments at Chennai and Trichy and other places outside Trichy district. His appointment is approved by the Tamil Nadu Government.