MOHAMMED HASHIM ISMAIL SAIT Vs. H.M.SHAMSHAD

JUDGEMENT

(1.) This Original Petition has been filed challenging an order passed by the WAKF Tribunal as Ext.P6. WAKF Tribunal by the impugned order directed status quo to be maintained in the matter relating to appointment of interim Muthawali. According to the petitioner, Ext.P6 order dated 4.2.2020 came to be passed based on an original application filed by the petitioner challenging the order passed by the WAKF Tribunal appointing an interim Muthawali. According to the contesting respondents, Muthawali had not taken charge and therefore the WAKF Tribunal passed the impugned order and the 1st respondent continues to be the Muthawali. Petitioner's contention is that the WAKF Tribunal was misled in so far as the WAKF Board had passed Ext.P7 order dated 18.12.2019 appointing Shri. Abdul Assis K.K as interim Muthawali and he had taken charge on 16.1.2020.

(2.) The learned counsel appearing for the 1st respondent however would dispute the aforesaid fact and according to him the Muthawali appointed in terms of Ext.P3 order had not taken charge.

(3.) Be that as it may, if any modification is required to the impugned order at Ext.P6, it is open for the petitioner to approach the WAKF Tribunal, wherein he is a party to the proceedings. If any additional material in the form of Exts.P7 and P8 is available, it is open for the petitioner to seek a modification of the impugned order in which event, the WAKF Tribunal shall consider the same after hearing the affected parties and pass appropriate orders. It shall be open for the parties to seek for an early hearing of the matter pending before the WAKF Tribunal. The Original Petition is disposed of accordingly.