M LIAKATH ALI Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) BATLAGUNDU Thozhugai Pallivasal" at BATLAGUNDU in Dindigul District is admittedly a Wakf governed by the Wakf Act, 1995, [hereinafter referred to as "the Act"]. According to the appellants, the said Wakf is governed by a Committee of six members, who are elected in the traditional manner. One Mr.Janab Mohamed Mansoor, according to the appellants, was functioning as the President of the Wakf. The term of office of the Members of the Committee is three years. The term of the erstwhile Committee expired on 25.04.2004. Thereafter, till 2008, there was no election held. While so, it is claimed by the appellants that in the meeting held on 11.01.2008 the appellants were duly elected as Members of the Committee. It is further claimed by the appellants that one Mr.Janab Mohamed Mansoor was elected as the President, Mr.Liakath Ali was elected as Secretary and Mr.M.P.Kalandar Mohideen was elected as Treasurer. The election was reported to the first respondent for approval. But, the first respondent, by proceedings in Na.Ka.No.616/ 2006/C4/TH, dated 23.04.2008, rejected the same. Challenging the same, a Writ Petition was filed in the name of the Wakf, represented by K.S.M.A.Mohamed Mansoor, in W.P.(MD).No.12398 of 2008 before this Court. By order dated 31.07.2008, this Court dismissed the said Writ Petition giving liberty to the petitioner therein to file an appeal before the Wakf Tribunal on or before 20.08.2008. Accordingly, an Original Application was filed in W.O.P.No.4 of 2008 before the Wakf Tribunal cum Subordinate Judge, Dindigul and the said petition is pending.

(2.) IN the above said Original Petition, I.A.No.138 of 2009 was filed for interim stay of the Order of the Wakf Board. Since it was not disposed of, the Wakf, represented by K.S.M.A.Mohamed Mansoor approached this Court under Article 227 of the Constitution of INdia in C.R.P.(NPD)(MD).No.1785 of 2008 seeking for a direction to the Wakf Tribunal to dispose of the said INterlocutory Application. Few more INterlocutory Applications were also filed for different reliefs. This Court accordingly issued a direction for early disposal of the INterlocutory Applications. Thereafter, by a common Order dated 26.11.2008, the Wakf Tribunal disposed of all the INterlocutory Applications. IN the said Common Order, the Tribunal gave liberty to the Wakf Tribunal to initiate appropriate legal action against K.S.M.A.Mohamed Mansoor.

(3.) WE have heard the learned Senior Counsel appearing for the appellants, learned Counsel appearing for the Wakf Board, learned counsel appearing for respondents 3 to 44, and perused the record carefully.