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2012 Supreme(Ker) 476

THOTTATHIL B.RADHAKRISHNAN, K.VINOD CHANDRAN
M. S. Abdulla Shahul Hameed – Appellant
Versus
State of Kerala, Represented By Chief Secretary, Secretariat – Respondent


Advocates Appeared:
For the Petitioner:P.A. Abdul Jabbar, H. Abdul Lathief, Suresh Kumar, Shaji P. Chaly, S. Gopakumar, Smt. Lijitta G. Mathew, Advocates.
For the Respondent:R1, T. Ramaprasad Unni, Government Pleader, R25, A.A. Abul Hassan, SC, Wakf Board, P.K. Mohammed Puzhakkara, T.C. Suresh Menon, P.S. Appu, A.R. Nimod, K.A. Anas, Advocates.

Judgment:-

Thottathil B. Radhakrishnan, J.


1. These original petitions are filed invoking Article 227 of the Constitution of India in the wake of the fact that following the general transfers of judicial officers in the subordinate judiciary for the year 2012, Wakf Tribunal, Kollam lies vacant without a regular officer and the District Judge, Kollam is ordered to hold full additional charge of the Wakf Tribunal/Additional District Judge III, Kollam until further orders. There appears to be some apprehension as to whether a further notification of the State Government under Section 83 of the Wakf Act, 1995 is necessary for the officer so put in charge, to discharge the functions of the Wakf Tribunal.

2. Section 3(q) of the Wakf Act defines 'Tribunal' to mean the Tribunal constituted under sub-section (1) of Section 83. Section 83 provides for constitution of Tribunals. Sub-section (1) of Section 83 provides that the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the purposes stated therein and define the local limits and jurisdictions under the Wakf Act of each of such Tribunals. Sub-section (4) of Section




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