I SALAM KHAN Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 25. 09. 2000. We have heard the learned counsel for the parties and have carefully perused the impugned order. The dispute in this case relates to a wakf.

(2.) IN our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by this Court straight away under Article 226 of the Constitution of India.

(3.) IT may be mentioned that the Wakf Act, 1995 is a recent parliamentary statute which has constituted a special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of petitions relating to Wakfs were being filed in the Courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in increase in pendency of cases in the Courts. Hence, a special Tribunal has been constituted for deciding such matters.