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2004 Supreme(Mad) 921

K.P.SIVASUBRAMANIAM
O. M. S. Shaik Uduman Aalim Sahib – Appellant
Versus
The Tamil Nadu Wakf Board & Others – Respondent


Advocates Appeared:For The Petitioner:G. Masilamani, Senior Counsel for Mohamed Habeeb Raja, Advocate. For The Respondents:Thyagarajan, Senior Counsel for R4, S.Y. Masood for RR 1 to 3, Zafarullah Khan Advocates.

Judgment :-

The petitioner prays for Certiorarified Mandamus to call for the records of the first respondent's order dated 23.4.2002 made in item No.13 of 2002, to quash the same and to direct the first respondent Wakf Board to pass orders under section 64 of the Wakf Act 1995 pursuant to the admission of the charges made by the fourth respondent in his reply dated 7.2.2002 to the notice dated 21.12.2001.

2. The fourth respondent is functioning as the Muthawalli of Naina Mohamed Peria Kutba Pallivasal, Kadayanallur by virtue of the order of the Wakf Board dated 9.2.1985. There were certain specific complaints against him before the Wakf Board alleging mismanagement and misappropriation of the funds and properties belonging to the Wakf. An enquiry was ordered to be conducted on the basis of a report of the third respondent dated 27.10.2001 finding that there were sufficient materials to initiate action against the fourth respondent. Ten charges were framed against the fourth respondent in and by the show cause notice dated 21.12.2001.

3. The fourth respondent submitted his explanation what is described in the Writ Petition as admission of almost all the charges. Notice of enquiry was


















































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