M.Thajuddin v. The Secretary

C.M.P.No. 18039 of 2019 in C.R.P.SR.No. 105527 of 2019 C.M.P.No. 18039 of 2019 in C.R.P.SR.No. 105527 of 2019 R.SURESH KUMAR, J.

This petition has been filed by the petitioners to grant leave to file main Civil Revision Petition, against the order passed by the Tamil Nadu Wakf Tribunal at Chennai in A.A.No.11 of 2019, dated 26.07.2019.

2. Heard Mr.T.Velumani, learned counsel appearing on behalf of the petitioners and Mr.Nizar Ahmed, learned counsel appearing on behalf of the first respondent.

3. The first respondent was in the administration of the concerned Wakf Board, which is a notified Wakf and due to some alleged maladministration by order dated 27.09.2018, the Tamil Nadu Wakf Board viz., the second respondent, dissolved the said Wakf administration, pursuant to which, the third respondent has been appointed as Special Officer. During the interrugnum to have the administration of the Wakf and in order to advice and to have joint administration along with third respondent, the Tamil Nadu Wakf Board by order dated 22.02.2019 has appointed a Committee. Though, it has been styled as Advisory Committee, when we go through the duties cast upon them, along with the third respondent, that Committee will have full administration and control along with third respondent in respect of the work for the next one year period. In the said Committee, the petitioners are among the total seven members and their names are found place. Thereafter, the said order dated 1/2 http://www.judis.nic.in

C.M.P.No. 18039 of 2019 in C.R.P.SR.No. 105527 of 2019 R.SURESH KUMAR, J.

dua 27.09.2019, under which Special Officer was appointed, was put under challenge, by the first respondent herein, who was the erstwhile Secretary of the Wakf, before the Wakf Tribunal in A.A.No.11 of 2019. In the said proceedings before the Wakf Tribunal, by order, dated 26.07.2019, the Tribunal allowed the appeal and set aside the order passed by the second respondent, Wakf Board. By virtue of the said order passed by the Tribunal, dated 26.07.2019, which is impugned herein, the present petitioners who are not parties before the Tribunal in the said appeal, however beneficiaries of the said order, dated 27.09.2018, are affected and therefore in order to challenge the said order passed by the Tribunal, dated 26.07.2019, they come forward with the main Revision Petition and hence in the present M.P, they seek permission of this Court to permit them to challenge the said order, dated 26.07.2019 of the Wakf Tribunal in the main Revision.

4. Therefore, this Court has no hesitation to hold that the petitioners are necessary parties and hence, they have locus to challenge the present impugned order in the main revision. Accordingly permission sought for in the present petition is granted.

5. In view of the above, this petition is ordered. 24.09.2019 dua C.M.P.No. 18039 of 2019 in C.R.P.SR.No. 105527 of 2019 2/2 http://www.judis.nic.in