LAWS(MAD)-2007-2-428

PRESIDENT, MECCA MASJID ENDOWMENTS AND THE SECRETARY, MECCA MASJID ENDOWMENTS Vs. TAMIL NADU WAKF BOARD AND ORS

Decided On February 19, 2007
President, Mecca Masjid Endowments And The Secretary, Mecca Masjid Endowments Appellant
V/S
Tamil Nadu Wakf Board And Ors Respondents

JUDGEMENT

(1.) This revision has been preferred against the order of the Wakf Tribunal (I Assistant Judge, City Civil Judge, Chennai) dismissing the application in I.A.No:14274 of 2006 for suspending the order of the Wakf Board dated 6.4.2006.

(2.) Admittedly there was a dispute between the petitioners, Makkah Masjid Endowments and the Hazarath Syed Moosa Sha Khadri Darga as to the encroachment of the burial territory and construction of buildings by demolishing the burial ground. After inspection by the Area Committee Members, the first respondent Wakf Board after directed the petitioner to construct a compound wall demarcating the properties between them, for the non compliance of the same, passed the impugned final order on 6.4.2006 dismissing the managing Committee of the petitioner Endowments and took over the direct control of the same since they allegedly failed to comply with the order dated 31.1.2006 in respect of construction of the compound wall. It is as against the said order an appeal was preferred before the Wakf Tribunal and since the interim order of suspension has been refused by the Tribunal, the present revision has been filed.

(3.) The gist of the revision petitioners' case is as follows: