JANAB MALANG NISAR AHMED Vs. P. HAFEEZAN RAHMAN

JUDGEMENT

(1.) The respondent claims to be the Mutawalli of AHL-E-Sunnath-O-Jamath Old Mosque which is governed by the Wakf Act, 1995. The respondent filed C.C. No. 764 of 2009 before the learned VII Metropolitan Magistrate, George Town, Chennai under Section 68 of the Wakf Act, seeking a direction to the petitioners herein, to deliver charge and possession of the records, accounts and properties, including the cash, within a period to be specified by the Magistrate, failing which, punish the accused as per the Wakf Act. In the said petition, it is alleged by the respondent that the said mosque had properties in and around the area of Vaniambadi, Chennai. It was also alleged before the trial Court that the first petitioner was the Mutawalli and the second petitioner was the Assistant Mutawalli of the mosque between 2002 and 2008. The third petitioner was a committee member between 1994 and 2008 and the fourth petitioner was a member between 1994 and 2002. The petitioners have come up with this petition seeking to quash the said proceedings. Though, several grounds have been raised in the petition, the main ground upon which the proceeding before the lower Court is assailed is that under Section 68 of the Wakf Act, the learned II Metropolitan Magistrate, George Town, Chennai has got no jurisdiction or power to entertain such a petition.

(2.) I have heard the learned counsel for the petitioners and the learned counsel for the respondent and I have also perused the records carefully.

(3.) In order to resolve the said dispute, let us have a quick look into Section 68(2) & 68(4) of the Wakf Act as it originally stood prior to the amendment Act in the year 2013, which reads as follows: