MANANAKKU MUSLIM JAMA ATH Vs. SHIHABUDEEN

JUDGEMENT

(1.) THIS revision petition was instituted by the plaintiff in O.S. No.3/2008 on the file of the Wakf Tribunal, Kollam. The prayer in the suit is for a decree of permanent prohibitory injunction restraining three members of the Juma-at from interfering with the administration of Wakf, smooth functioning of meetings and conduct of Madrassa and other religious functions. Along with the suit, the revision petitioner preferred I.A.30(a)/2008 seeking an order allowing the revision petitioner to conduct the festivals and functions connected with Nabi Dinam from 17/3/2008 to 20/3/2008. The Tribunal, enquired the petition along with I.A. No.42/2008 in O.S. No.4/2008. By the impugned order, the petition was dismissed. Assailing that order, the revision petition was filed. THIS revision petition has been in the defect list since notice to respondents 6,7 & 13 and 16 were not effected. Today it is brought to our notice by the learned counsel appearing for the respondents 1 to 3 as well as the standing counsel appearing for the 4th respondent that the matter is covered against the revision petitioner by the decision of the Apex Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010 (3) KLT 862 (SC).

(2.) WE heard the counsel on either side and find that the dispute would not come either under Section 6 of the Wakf Act or within the powers of the Wakf Tribunal under Section 7.