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2008 Supreme(Ker) 205

KURIAN JOSEPH, HARUN-UL-RASHID
M. A. Muhammed Kunju – Appellant
Versus
Biju, S/O. Sainudeen – Respondent


Advocates Appeared:For the Petitioner:S. Abdul Razzak, Advocate. For the Respondents:P.A. Abdul Jabbar, Sc, Wakf Board, Advocate.

Judgment :-

Harun-Ul-Rashid, J.

The Writ Petition is filed with the following prayers:

"i) To issue a writ of certiorari or other appropriate writ, direction or order, calling for the records leading to Exht.P1 to P3 and P5 and quashing the same.

ii) To declare that the general power of the Wakf Tribunal under Section 83 of the Wakf Act is not derogatory to the specific powers of the Wakf Board under Sections 69 to 71 of the Wakf Act."

2. The petitioner is the President of Kollakadavu Juma-ath. Ext.P5 interim order passed by the Wakf Tribunal, Kollam is under challenge in this Writ Petition. As per Ext.P5 order, the Tribunal directed the parties to maintain status quo till the matter is heard on merits and appropriate decision taken on the application for interim injunction. The dispute is between the petitioner and respondents 1 and 2 who are the plaintiffs in O.S. No.20 of 2007 on the file of the Wakf Tribunal, Kollam. Ext.P2 is the plaint originally filed before the Munsiffs Court, Chengannur and subsequently returned by the court to be presented before the appropriate forum finding that the civil court has no jurisdiction. The same suit was thus filed before the Wakf Tribunal Ko




















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