E. KHADER SHERIF Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) The applicant in O.A. No. 10 of 2003, on the file of the I Assistant Judge, (Wakf Tribunal) City Civil Court, Chennai, is the civil revision petitioner before this Court, challenging the order passed in O.A.No.10 of 2003, dated 30.04.2008, on the file of the I Assistant Judge, (Wakf Tribunal), City Civil Court, Chennai.

(2.) The case of the petitioner/applicant is that he has filed the appeal in O.A.No.10 of 2003 before the learned I Assistant Judge, City Civil Court (Wakf Tribunal), City Civil Court, Chennai-104, challenging the order passed by the first respondent Tamil Nadu Wakf Board in WEA.No.1/90/E5/MDS dated 24.07.2003 served on the applicant's counsel on 05.09.2003 through the postal Department and postal cover of which is enclosed as proof, within 30 days from the date of service as contemplated under Sec. 64(4) of the Wakf Act, 1995.

(3.) The case of the petitioner is that one Mr.Syed Ali has filed a case in W.E.A.No.17/87 against this petitioner before the first respondent Wakf Board alleging that the petitioner/applicant for removal of him from the Mutawalliship. The said Mr.Syed Ali happened to be the President of Muslim Podhu Nala Sangam and he also instigated the Sangam Secretary one Mr.Mohammed Hussain to file W.E.A.No.1/90 against this petitioner for removal. Later, on 06.09.1990, Mr.Syed Ali was died, therefore, the application filed by him in W.E.A.No.17/87 became in fructuous.