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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
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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
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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.
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