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High CourtsDivision Bench(2010) 11 KL CK 0317

Ananakku Muslim Jama-Ath vs Shihabudeen, Salahudden, Muhammed Yousuf and The Wakf Board

High Court Of Kerala · Decided on 8 November 2010

HON’BLE JUDGES
Pius C. Kuriakose, J · P.S. Gopinathan, J
CASE NUMBER
C.R.P. No. 297 of 2008

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Judgment

5 paragraphs · 343 words

P.S. Gopinathan, J.—This revision petition was instituted by the plaintiff in O.S. No. 3/2008 on the file of the Wakf Tribunal, Kollam. The prayer in the suit is for a decree of permanent prohibitory injunction restraining three members of the Juma-at from interfering with the administration of Wakf, smooth functioning of meetings and conduct of Madrassa and other religious functions. Along with the suit, the revision petitioner preferred I.A. 30(a)/2008 seeking an order allowing the revision petitioner to conduct the festivals and functions connected with Nabi Dinam from 17/3/2008 to 20/3/2008. The Tribunal, enquired the petition along with I.A. No. 42/2008 in O.S. No. 4/2008. By the impugned order, the petition was dismissed. Assailing that order, the revision petition was filed. This revision petition has been in the defect list since notice to respondents 6, 7 & 13 and 16 were not effected. Today it is brought to our notice by the learned Counsel appearing for the respondents 1 to 3 as well as the standing counsel appearing for the 4th respondent that the matter is covered against the revision petitioner by the decision of the Apex Court in Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, .

2.

We heard the counsel on either side and find that the dispute would not come either u/s 6 of the Wakf Act or within the powers of the Wakf Tribunal u/s 7.

3.

In such factual situation and in the light of the above cited decision of the Apex Court, we find that the suit is not maintainable before the Tribunal below.

4.

In the result, the revision petition is dismissed as it is assailing an interim order passed in a suit which is not maintainable before the Wakf Tribunal.

It appears that the petition was filed relating to the conduct of Nabi Dinam in the year 2008. The relief sought in the petition itself had become infructuous. However, the petitioner is at liberty to move the appropriate court in the event any cause of action survives. No order as to costs.