SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Mad) 3504

G.M.AKBAR ALI
A. K. Kalifulla, Ex-Managing Trustee of the Wakf – Appellant
Versus
M. Abdul Khader, Managing Trustee – Respondent


Advocates appeared:
For the Petitioner:Veera Kathiravan, Advocate.
For the Respondent:J. Anandhavalli, Advocate.

Judgment :-

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









































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top