ANSARUL ULOOM MADRASSA COMMITTEE Vs. KERALA WAKF BOARD

JUDGEMENT

(1.) THE petitioner is a Wakf. The 2nd respondent-Senior Superintendent of the Kerala Wakf Board assessed the petitioner under Section 72 of the Wakf Act for contributions for the period from 1990-91 to 1997-98 and for the period from 1998-1999 to 2001-2002 by Exts.P1 and P2 assessment orders. The petitioner filed Exts.P3 and P4 appeals against the assessment orders. By Exts.P5 and P6 appellate orders, the 1st respondent set aside the assessments and remanded the matter to the 2nd respondent for fresh consideration. But, while doing so, the 1st respondent imposed a condition that as a condition for such remand, the petitioner has to deposit 25% of the amount demanded by Exts.P1 and P2. Although the petitioner filed revisions before the Wakf Tribunal, by Ext.P7 order, the Tribunal refused to entertain the same on the ground that the remedy of the petitioner lies elsewhere. It is under the above circumstances, the petitioner has filed this writ petition challenging the condition in Exts.P5 and P6, by which, as a condition for remand, the petitioner was directed to pay 25% of the amount demanded as per Exts.P1 and P2.

(2.) I have considered the rival contentions in detail.