H IDAYATHULLA Vs. LARABSHA DHARGA PANRUTI

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned single Judge made in W. P. No. 11192 of 2000 dated 22. 7. 2005 allowing the writ petition filed by the first respondent herein/writ petitioner. Second respondent herein is the first respondent in the writ petition and the appellants herein are respondents 2 to 6 in the writ petition.

(2.) FOR the sake of convenience, the parties herein will be referred according to their ranks in the writ petition.

(3.) THE brief facts necessary for disposal of the writ appeal are that the Larabsha Dharga, Panruti is a private Wakf Wakf-Alal-Aulad and the representatives of the writ petitioner are the Hereditary Muthavallis of the Larabsha Dharga. The Muthavallis are performing religious, charitable and pious obligations as per the Hibba executed by their ancestors. The Dharga owns 1. 19 acres of land with shop buildings and five ghories. The respondents 2 to 6 (appellants herein) calling themselves as Jamath Committee, have encroached upon the portion within Dharga premises and demolished two of the five ghories illegally and put up a thatched shed for the purpose of a mosque. The respondents 2 to 6 had not obtained any lease deed from the two Muthavallis viz. , the writ petitioner and trespassed in the Dharga premises on 8. 3. 1992 on the ground that one of the trustee viz. , Heeralal gave lease for 11 months. Khaleel Basha, the other Muthavalli gave a complaint before the Superintendent of Police at Cuddalore and later sent a report to the Tamil Nadu Wakf Board on 17. 3. 1992. The Dharga filed W. P. No. 6440 of 1992 against the Tamil Nadu Wakf Board and Heeralal and respondents 2 to 6 and this Court by order dated 23. 3. 1998 directed the Wakf Board to cosider the complaint of the petitioner therein/dharga and pass final orders after issuing notice to the respondents in the case, in accordance with law on or before 23. 3. 1998. Petitioner requested the Wakf Board to take immediate action against the respondents 2 to 6 as per the direction issued by this Court referred above. However, the Wakf Board passed an order on 26. 2. 1999 and rejected the request of the petitioner and permitted the respondents 2 to 6 to keep the mosque within the Dharga premises. The said order of the Wakf Board dated 26. 2. 1999 is challenged by the petitioner in W. P. No11192 of 2000.