2005 Supreme(Mad) 696

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. MARKANDEY KATJU & THE HONOURABLE MR. JUSTICE F.M. IBRAHIM KALIFULLA
Mukram Sherif - Appellant
Versus
Moinudeen Sheriff & Another - Respondents
W.A. No.787 OF 2005 and W.P. No.32113 OF 2004
Decided On : 19 April 2005

The main legal principle established is that all disputes relating to wakf should be filed in the first instance before the Wakf Tribunal, and writ petitions should not be entertained directly by the court.

Headnote:

Alternative Remedy - Wakf Disputes - The court held that all disputes relating to wakf should be filed in the first instance before the Wakf Tribunal, and writ petitions should not be entertained directly by the court under Art.226 of the Constitution as there is an alternative remedy.

Fact of the Case:

The court dismissed the writ petition on the ground of alternative remedy before the Wakf Tribunal, following a previous decision by a Division Bench of the Court.

Finding of the Court:

The court found that the writ petition did not survive due to the availability of an alternative remedy before the Wakf Tribunal.

Issues: The issue was whether the writ petition should be entertained directly by the court or if there was an alternative remedy before the Wakf Tribunal.

Ratio Decidendi: The court's decision was based on the principle that all disputes relating to wakf should be filed in the first instance before the Wakf Tribunal, and writ petitions should not be entertained directly by the court.

Final Decision: The writ petition was dismissed on the ground of alternative remedy before the Wakf Tribunal, and consequently, the writ appeal was also dismissed.