M ALI HUSSAIN Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of an order by which the Tamil Nadu Wakf Board removed the petitioner from the post of Mutawalli under Section 64 of The Wakf Act, 1995.

(2.) I have heard Mrs. Hema Sampath, learned Senior Counsel appearing for the petitioner and Mr. V. Lakshmi Narayanan, learned counsel appearing for the first respondent-Wakf Board.

(3.) BUT Section 83 (2) of the Act, provides for a remedy of making an application to the Wakf Tribunal, to any Mutawalli or any person interested in a Wakf or any other person aggrieved by an order made under the Act or the Rules. It is not clear whether a person who is debarred from filing an appeal under Section 64 (4), could indirectly go before the Tribunal by taking recourse to Section 83 (2). This lack of clarity has led to the present discussion.