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2009 Supreme(Mad) 5592

R.S.RAMANATHAN
Tamil Nadu Wakf Board, represented by its Chairman, Chennai & Others – Appellant
Versus
Janab K. S. M. A. Mohamed Mansoor – Respondent


Advocates Appeared:
For the Petitioners:K.K. Senthil, Advocate.
For the Respondent:G.R. Swaninathan, Advocate.

Judgment :-

This Civil Revision Petition is filed under Article 227 of the Constitution of India by the revision petitioners to strike off the petition in W.O.P.No.2 of 2009 on the file of the Wakf Tribunal/Sub Court, Dindigul.

2. Therespondent filed W.O.P.No.2 of 2009 for declaring the order of the second petitioner in this revision made in proceedings Na.Ka.No.616/2006/B15/DGL, dated 18.09.2009 published in Tamil Nadu Government Gazette on 110. 2009, is null and void and for setting aside the same.

3. It is stated by the respondent in the wakf original petition that the second petitioner has taken over the management of the Wakf by the above said proceedings and the action of the petitioners is against the provision of the Act and therefore, the order passed by the second petitioner in taking over the management is to be set aside. Though in the petition various averments have been made, for the purpose of disposing of the revision petition on technical grounds, there is no need to go into the facts of the case.

4. As stated supra, the wakf original petition was filed under Section 83(2) of the Wakf Act 43 of 1995 before the learned Sub Judge, Dindigul (The Wakf Tribunal) for s















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