S MUNEER HUSSAIN Vs. JANAB S SYED NAWSHAD

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed by the Waqf Tribunal at Chennai by order dated 09.08.2019 in I.A.No.467 of 2019 in O.A.No.343 of 2019.

(2.) The Waqf called Sitthalur Durga Waqf & Hazrath Syed Shabash Bharanesha Vaiiyulla Dargah Waqf Dargah Compound, Sitthalur Village & Post, Kallakurichi Taluk Villupuram District, is a notified Waqf. In the said Waqf, it seems that there had been an election some years back, where a committee had been elected. Among them, the first respondent has been elected as Muthawalli and he claimed to have been continuing to function as Muthawalli.

(3.) While making the arrangements to perform the Urs festival, the Chief Executive Officer of the Tamil Nadu Waqf Board (hereinafter referred to as 'CEO') ie., the second respondent herein, has appointed a nine member committee headed by one Janab J.Syed Ahmed Basha. The petitioner is one among the eight members along with the said Janab J.Syed Ahmed Basha, under whose chairmanship the committee was constituted by the proceedings of the CEO of Tamil Nadu Waqf Board in S.M.No.7775/19/A10/Villupuram dated 05.07.2019. The said order has been challenged by the first respondent before the Waqf Tribunal in O.A.No.343 of 2019, on the ground that, he acts already as a Muthawalli and it is his turn to make arrangements to perform the forthcoming Urs festival and that the order of the CEO dated 05.07.2019 is without jurisdiction, hence he has also filed I.A.No.467 of 2019 to stay the operation of the said order dated 05.07.2019. It seems that, initially an interim order of stay was granted, which has been subsequently made absolute by an order dated 09.08.2019, which is the order impugned herein, as against which the present revision has been filed.