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Hazarath Nabi Sallalahi Alehi Vatsalam Wakf represented by its Female line Trustee and Others Vs. The Tamil Nadu Wakf Board, represented by its Chief Executive Officer and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)Nos. 2021, 2026 & 2027 of 2016 & C.M.P(MD)No. 9496 of 2016
Judge
AppellantHazarath Nabi Sallalahi Alehi Vatsalam Wakf represented by its Female line Trustee and Others
RespondentThe Tamil Nadu Wakf Board, represented by its Chief Executive Officer and Others
Excerpt:
.....in i.a.no. 204 of 2016 in w.o.p.no.8 of 2016 on the file of the principal subordinate court-cum-wakf tribunal, thiruchirappalli and to grant an ex-parte order of stay.) 1. this revision has been filed seeking for a direction to call for the records and to set side the order, dated 12.09.2016 passed in i.a.no.204 of 2016 in w.o.p.no.8 of 2016, on the file of the principal sub-ordinate court-cum-wakf tribunal, thiruchirappalli and to grant an ex-parte order of stay. 2. when the matter is taken up today for admission, the learned counsel for the petitioner restricted his prayer by moulding the relief and prayed before this court that it would suffice to grant a direction to the principal subordinate court-cum-wakf tribunal, thiruchirappalli to dispose of i.a.no.204 of 2016 in wakf.....
Judgment:

(Prayer: Civil Revision Petition filed under Proviso to Section 83(9) of the Wakf Act, 1995 and under Article 227 of the Constitution of India, praying this Court to call for the records and to set aside the order dated 12.09.2016 passed in I.A.No. 204 of 2016 in W.O.P.No.8 of 2016 on the file of the Principal Subordinate Court-cum-Wakf Tribunal, Thiruchirappalli and to grant an ex-parte order of stay.)

1. This revision has been filed seeking for a direction to call for the records and to set side the order, dated 12.09.2016 passed in I.A.No.204 of 2016 in W.O.P.No.8 of 2016, on the file of the Principal Sub-ordinate Court-cum-Wakf Tribunal, Thiruchirappalli and to grant an ex-parte order of stay.

2. When the matter is taken up today for admission, the learned counsel for the Petitioner restricted his prayer by moulding the relief and prayed before this Court that it would suffice to grant a direction to the Principal Subordinate Court-cum-Wakf Tribunal, Thiruchirappalli to dispose of I.A.No.204 of 2016 in Wakf O.P.No.8 of 2016 within the time frame fixed by this Court.

3. According to the Petitioner that W.O.P.No.8 of 2016 was filed by the Petitioner praying for a decree of declaration that the notification, dated 09.09.2016 issued by the first respondent in respect of the first Petitioner/Trust, as null and void. In the aforesaid W.O.P, I.A.No.204 of 2016 was filed by the Petitioner praying to grant an order of interim stay of the notification, dated 09.09.2016 pending disposal of the main W.O.P. According to the Petitioner, notice was served on the respondents and the respondents also entered appearance before the Court below, however, they have not chosen to file their counter affidavit. According to the Petitioner, notification has been issued by the first respondent/Wakf Board. Therefore, there is urgency in disposing of the interlocutory application on either way.

4. Considering the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits of the case, this Court is inclined to pass the following order:

If there is no other impediment in disposing the above said interlocutory application, the Principal Subordinate Court-cum-Wakf Tribunal, Thiruchirappalli is directed to dispose of the interlocutory application in I.A.No.204 of 2016 in Wakf O.P.No.8 of 2016 on merits and in accordance with law, after providing opportunity of hearing to the respondents, before the end of November 2016.

5. With the above direction, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.


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