MUKRAM SHERIF Vs. MOINUDEEN SHERIFF

JUDGEMENT

(1.) THE Chief Justice: heard the learned counsel for the parties.

(2.) IT has been held by a Division Bench of this Court, to which one of us (Markandey Katju, Chief Justice) was a party, in W. A. No. 2344 of 2000 and W. P. Nos. 12710 and 15945 of 2000 (Salam Khan v. The Tamil Nadu Wakf Board), decided on 31-1-2005, that all disputes relating to wakf should be filed in the first instance before the Wakf Tribunal, constituted under Sec. 83 of the Wakf Act, 1995 and the writ petitions should not be entertained directly by this Court under Art. 226 of the Constitution as there is alternative remedy. Against the aforesaid judgment of the Division Bench of this Court, a Special Leave Petition, viz. S. L. P. (C) No. 4156 of 2005, was filed in the Supreme Court and the said Special Leave Petition was dismissed.

(3.) FOLLOWING the aforesaid decidion, the writ petition, W. P. No. 32113 of 2004, out which the present writ appeal has arisen, is dismissed on the ground of alternative remedy before the Wakf Tribunal. Consequently, the writ appeal also does not survive and the same is dismissed. WAMP No. 1500 of 2005 is closed.