MOHIDEEN ANDAVAR PALLIVASAN Vs. A SHAJAHAN

JUDGEMENT

(1.) The respondents in the Wakf O.P before the Tribunal are the petitioners in the present revision preferred under Article 227 of the Constitution of India.

(2.) The respondents in the Civil Revision Petition filed the O.P before the Tribunal for various reliefs contending that original petition was not competent because of the failure to serve notice on the Wakf Board under Section 89 of the Wakf Act,1995. The revision petitioners filed an application in I.A.No.39 of 2008 in W.O.P.No.6 of 2008 praying for the rejection of the O.P. Section 89 of the Wakf Act was cited as the provision under which the relief of rejection of O.P was sought for. The learned Tribunal, after hearing, dismissed the said application holding that Section 89 of the Wakf Act, 1995 was not attracted as the Wakf Board is not a party to the O.P. It is as against the said order of the Tribunal, the present Civil Revision Petition has been filed.

(3.) The respondents 1 to 5 have entered appearance and they are represented by counsel. The submission made by Mr.S.Krishnasamy learned counsel for the petitioners and by Mr.S.Vediappan, learned counsel for the respondents 1 to 5 are heard.