1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.93 of 2011 and M.P.No.1 of 2011 in WP.(MD)No.8850 of 2010 Abdul Kapoor : Appellant/Petitioner Vs. 1.The Chairman, Tamil Nadu Wakf Board, No-1, Jaffar Cyrang Street, Vallal Seethakathi Nagar, Chennai 1. 2.The Superintendent of Wakf Tamil Nadu Wakf Board, No.1, Town Hall Road, Mosque 2nd Floor, Madurai. 3.The District Collector, Madurai District, Gandhi Nagar, Madurai. 4.The Superintendent of Police, Madurai District, South Chithirai Street, Madurai. 5.M.S.M.Syed, S/o.Mohamed Sheriff, Keela Pallivasal Lane, Tirumangalam, Madurai. 6.S.Sikkandar, S/o.Syed, Keela Pallivasal lane, Tirumangalam, Madurai. 7.Raja Rahim, S/o.Abdul Majith, Railway Line Street, Tirumangalam, Madurai. 8.A.M.S.Mohamed Ibrahim, S/o.Mohamed Khan, Keela Pallivasal Lane, Tirumangalam, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 9.M.K.I.Kanavai Pitchai, S/o.M.K.Ibrahim Sha, Keela Pallivasal Lane, Tirumangalam, Madurai. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 16.11.2010 made in W.P.(MD).No.8850 of 2010 on the file of this Court. WP.(MD)No.8850/2010:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the Respondent No.1 to 4 to consider the petitioner's representation dt.19.6.2010 and to handover the management of “ Kodimara Theru Keela Pallivasal Theru Muslim Labbai Jamath" to the Petitioner and other appointed office bearers. For Appellant : Mr.S.M.A.Jinnah For Respondents 5 to 9 /Caveators : Mr.B.Saravanan (*)For Respondent Nos.1 & 2 : Mr.M.Ajmalkhan JUDGMENT ************* [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is directed against the order dated 16.11.2010 made in W.P.(MD).No.8850 of 2010. 2. The said Writ Petition filed by the appellant herein seeking a Writ of Mandamus directing the respondents 1 to 4 to consider the representation of the appellant dated 19.06.2010 and to hand over the management of "Kodimara Tharu Keela Pallivasal Theru Muslim Labbai Jamath" to the appellant and other appointed office bearers, was dismissed by a learned Single Judge, relying on the provision contained in Section 83(2) of the Wakf Act, 1995. While dismissing the said Writ Petition, the learned Single Judge granted liberty to the appellant to approach the Wakf Tribunal to resolve the disputes, if he is so advised. Section 83(2) of the Wakf Act, 1995, reads as follows:- "Any mutawalli, person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf." 3. Relying on the said provision contained in Section 83(2) of the Wakf Act, 1995, the learned Single Judge has rightly declined to entertain the Writ Petition. We find no error in the order dated 16.11.2010 made in W.P.(MD).No.8850 of 2010. The Supreme Court in the case of Board of Wakf, West Bengal v. Anis Fatma Begaum & Anr reported in 2010 (7) Supreme 1050, in Paragraph Nos.10 and 11 held as follows:- https://hcservices.ecourts.gov.in/hcservices/ 3 "10. In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India. 11. It may be mentioned that the Wakf Act, 1995, is a recent parliamentary statute which has constituted a special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the Courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in increase in pendency of cases in the Courts. Hence, a special Tribunal has been constituted for deciding such matters." 4. In the result, the Writ Appeal is dismissed. If the appellant is having any grievance, it is open to the appellant to approach the Wakf Tribunal, if he is so advised. No costs. Consequently, connected Miscellaneous Petition is closed. sd/- Assistant Registrar (P&A) (*) Appearance portion corrected as per order dated 4.3.11 in W.A(MD)No.93/11 /True copy/ Sub Assistant Registrar (C.S) To To be substituted for the order already despatched on 1.2.11:- 1.The Chairman, Tamil Nadu Wakf Board, No-1, Jaffar Cyrang Street, Vallal Seethakathi Nagar, Chennai 1. 2.The Superintendent of Wakf Tamil Nadu Wakf Board, No.1, Town Hall Road, Mosque 2nd Floor, Madurai. 3.The District Collector, Madurai District, Gandhi Nagar, Madurai. 4.The Superintendent of Police, Madurai District, South Chithirai Street, Madurai. + 1 cc to Mr.B.Saravanan, Advocate, SR No.3058 + 1 cc to The Special Government Pleader, 3137 + 1 cc to Mr.M.Ajmalkhan, Advocate, SR No.11497 JUDGMENT MADE IN W.A.(MD)No.93 of 2011 25.01.2011 NB RJ/18.3.11 3p/8c https://hcservices.ecourts.gov.in/hcservices/