G.M.AKBAR ALI
A. K. Kalifulla, Ex-Managing Trustee of the Wakf – Appellant
Versus
M. Abdul Khader, Managing Trustee – Respondent
The petition is filed under Section 482 Cr.P.C. to call for the records in S.T.C.No.111 of 2008 on the file of the learned Judicial Magistrate No.I, Trichy and quash the same.
2.The brief averments made by the petitioner is follows:
The petitioner is the Ex-Managing Trustee of the Wakf, which is known as “Hazrath Nabi Sallallahu Alaihi Vasallam Fathiha Wakf” Kuppangulam, Madurai Road, Trichirapalli (herein after called as “Wakf”). The Tamil Nadu Wakf Board had appointed the respondent as the Managing Trustee, which is challenged by the petitioner herein. The appointment of the Trustee of the said Wakf is the subject matter, which is now pending before the Supreme Court in S.L.P.No.3969 of 2008. When the Apex Court has seized of the matter, the respondent has been claiming as if he is the Managing Trustee. He had approached the learned Judicial Magistrate No.I, Trichirapalli, under Section 68 of the Wakf Act, 1995, for delivery of possession of the Wakf property. However, the learned Judicial Magistrate has no competency to receive a complaint, which is the subject matter before the Apex Court and also not correct in taking cognizance under the Wakf Act. The learned Judic
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