Jilaniya Masjid Wakf v. Tamil Nadu Wakf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.2037 of 2018 and C.M.P.(MD).No.9009 of 2018 Jilaniya Masjid Wakf (GS.No.616/Try) Rep.by its Secretary S.Akbar Basha Tiruchirappalli - 620 020.

.. Petitioner/Petitioner/Appellant /Vs./ 1.Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, Wakf House, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.

2.Election Officer/Superintendent of Wakf, No.12, Kiledar Street, Tiruchirappalli - 620 002.

.. Respondents/Respondents/ Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 29.08.2018 made in I.A.No.208 of 2018 in Wakf Appeal No.1 of 2018 on the file of the Wakf Tribunal / Principal Sub Court, Tiruchirappalli and allow this Civil Revision Petition. For Petitioner : Mrs.G.Mohankumar For Respondents : Mr.T.S.Mohamed Mohideen

ORDER

The revision petitioner filed Wakf Appeal No.1 of 2018 before the Wakf Tribunal/Principal Sub Court, Tiruchirappalli. Questioning the order dated 09.07.2018, passed by the first respondent herein, he filed I.A.No.208 of 2018 seeking interim relief. The matter was adjourned to 23.10.2018. https://hcservices.ecourts.gov.in/hcservices/

2.The grievance of the revision petitioner is that the elections are to be held on 16.09.2018 and that the interlocutory application itself will become infructuous. 3.Though, this Court would be inclined to give a direction to the Court below to take up the interlocutory application by advancing the hearing, this Court is not in a position to come to the rescue of the revision petitioner. This is because the learned standing counsel appearing for the Wakf stated that an Official Memorandum, dated 07.09.2018 has already been issued by the High Court, directing all the Presiding Officers, Wakf Tribunal, to transfer the cases pending before them to the Tamilnadu Wakf Tribunal, Chennai. Therefore, this Court leaves it open to the revision petitioner to work out his remedy by filing an appropriate application before the Tamilnadu Wakf Tribunal, Chennai.

4.Accordingly, this Civil Revision Petition is disposed of with a direction to the Principal Sub Court, Tiruchirappalli to transfer the bundles in Wakf Appeal No.1 of 2018 filed by the revision petitioner forthwith to the Tamilnadu Wakf Tribunal, Chennai. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Principal Sub Judge/Wakf Tribunal, Tiruchirappalli.

+1CC TO Mr.V.MEENAKSHISUNDARAM, ADVOCATE, SR NO.84113 +1CC TO Mr.T.S.MOHAMED MOHIDEEN, ADVOCATE, SR NO.84175 C.R.P.(PD)(MD)No.2037 of 2018 14.09.2018 TM MS/VR-MMS/SAR-4/14.09.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/