KURIAN JOSEPH, K.T.SANKARAN
Thorayil Juma Masjid M. Committee – Appellant
Versus
Wakf Board – Respondent
Kurian Joseph, J.
Wakf Tribunals have been set up under the Wakf Act, 1995 (hereinafter referred to as ‘the Act') for the determination of disputes, question and other matters relating to Wakf and Wakf property. The Act also contemplates the Tribunal to act as an Appellate Authority in certain circumstances prescribed under the Act. Powers of superintendence over the Wakfs is conferred on the Wakf Board. Whether an order passed by the Wakf Board in exercise of its appellate jurisdiction under S.72(7) of the Act is liable to be challenged before the Wakf Tribunal under S.83 as a dispute, question or matter relating to Wakf is the issue to be considered in this case.
2. Petitioner is the petitioner in O.P.3/2004 on the file of the Wakf Tribunal, Kozhikode. The Chief Executive Officer of the Wakf Board issued a demand notice directing payment to the tune of Rs.2,50,094/- as contribution for the years 1994-95 to 2001-02, after due assessment under S.72 of the Act. The petitioner preferred an appeal before the Wakf Board; under S.72(7). The appeal was disposed of by the Wakf Board remanding the matter for fresh consideration to the Chief Executive Officer, with a condition to
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