Petition filed cannot be entertained by the Tribunal.

The point for determination in this civil revision petition is as to whether the Tribunal constituted by the State Government under S.83(1) of the Wakf Act, 1995 can entertain a petition filed by the members of the Jamath seeking for an order of permanent injunction restraining the civil revision petitioners from interfering with the Management Committee and grant temporary injunction on the similar line pending the said petition.

2. The civil revision petitioners are the respondents 1 and 2 in W.O.P. No.2 of 2001 filed by the 1st respondent. The respondents 2 to 5 in the civil revision petition are the respondents in the said W.O.P. For convenience, the parties are referred to as in the civil revision petition.

3. The 1st respondent filed the said W.O.P. under S.83(1) of the Wakf Act hereinafter called as "the Act" for a relief of permanent injunction against the revision petitioners from interfering with the management of the Committee. The said petition was filed on the averments that the Keelakari South Street Pallivasal Jamath is registered under the Tamil Nadu Wakf Board in G.S. No.138/Ramnad. The said Jamath is supervised and managed by 15 members elected in an election conducted by the Election Officer nominated by the Tamil Nadu Wakf Board. The members so elected will have a tenure of three years. As per the directions of the Tamil Nadu Wakf Board 22-1-2000 for conduct of election to the 15 members of the Jamath, election was held on 23-3-2000 In the presence of the Election Officer nominated by the Tamil Nadu Wakf Board. The said election was approved by the Tamil Nadu Wakf Board in its order dated 8-4-2000. Pursuant to the said election, the approved committee took over the management of the Jamath and is managing the same. The said committee is entitled to hold the office for a period of three years from 8-4-2000.

4. While that being so, the 1st and 2nd petitioners claiming themselves to be the Secretary and President of the Jamath respectively issued a paper publication in "Dally Thanthi" on 26-12-2000 for conduct of the election to the Managing Committee on 16-1 -2001. The said advertisement created an apprehension in the mind of the members of the Jamath and public as if no Managing Committee is in existence for managing the affairs of the wakf. Therefore, It became necessary for the 1st respondent to file the said petition seeking for a permanent injunction restraining the petitioners 1 and 2 from interfering with the functions of the Managing Committee over the Jamath. Since the petitioners 1 and 2 also advertised in the daily paper calling for election for the Managing Committee of the Jamath, the 1st respondent was also constrained to seek for temporary injunction in I.A. No.6 of 2000 restraining the petitioners 1 and 2 from conducting the election. The said petition was entertained by the Tribunal and by order dated 13-1-2001 allowed the said application thereby restraining the civil revision petitioners from holding election. It is against the orders of the Tribunal entertaining W.O.P.2 of 2001 and allowing the I.A. No.6 of 2001, the present civil revision petition has been filed.

5. Mr. T.R. Mani, learned senior counsel appearing for the petitioners would challenge the very proceedings pending before the Tribunal as outside the scope of the powers vested in the Tribunal under S.83(1) of the Act. The learned Senior Counsel would challenge the proceedings mainly on the ground that the Tribunal would have no jurisdiction to entertain a petition with a relief of injunction under S.83 of the Act since the Tribunal is only deemed to be a civil Court and not a civil Court as such, since the relief does notrelate to the wakf or wakf property and the same relates to the management of the wakf and election to Managing Committee of Jamath. Therefore, the learned Senior Counsel submitted that in the absence of jurisdiction for the Tribunal to entertain such a petition, the entire proceedings pending in W.O.P.