The court emphasized the importance of providing the petitioner with the Sub Committee report to ensure fair proceedings and the principles of natural justice.

1. Heard the learned counsel for the petitioner and the learned counsel for the respondent. By consent, the Writ Petition itself is taken up for final disposal.

2. This Writ Petition is for a direction against the respondent Wakf Board to furnish copies of the report of the Sub committee constituted in 2005-06 and for a direction against the Wakf Board thereafter to proceed for disposal of the case in Na.K.16167/E3/02/Kanchipuram.

3. The Jumma Masjid Guduvanchery is notified as Wakf and it was administered by Janab K Sheik Dawood and M.V.Abdullah during 1957-1999 and during that period it appears that there has been some complaints about the administration. The Wakf Board has approved the petitioner as a member of the Managing Committee after he took charge as the Secretary of the Mosque in March 1999. Thereafter the petitioner initiated some actions against the irregularities. The irregularities relate to the construction of some of the shops within the premises. It appears that some complaints have been lodged before the respondent Wakf Board against the petitioner due to the reason that the petitioner has proceeded to take action against the erstwhile office bearers managing the said Masjid. Based on the complaint lodged before the respondent on 111. 2002 and 20.11.2002, the petitioner was directed to give explanation and accordingly the petitioner has also submitted his explanation. During the time of the enquiry, a Sub Committee was appointed to find out the factual situation, consisted of the members of the Board, namely M.S.Khan, Ms.Bibi Johan and Dr.Haja Majid and the petitioner is said to have appeared before them and evidence was recorded and subsequently a report has been submitted by the Sub Committee before the respondent.

4. It is also the case of the petitioner that the petitioner has submitted some of the documents before the Sub Committee, which has been dealt with by the Sub Committee during the conduct of the enquiry.

5. There has been some litigations and other Suits filed between the petitioner and the said Mr.Abdullah. Various representations have been made by the petitioner to the respondent to furnish the copies of the enquiry report of the Sub Committee, which runs to 3 volumes. However, the respondent has not chosen to furnish the same and the enquiry before the respondent has been posted to various dates and on 27. 2008 when the matter was posted, a memo was filed stating that the petitioner is out of India and he requires one month time. However, without considering the said request and also the request to furnish the copies of the report of the Sub Committee so as to enable the petitioner to defend effectively the case before the respondent in facing the charges, the respondent Wakf Board has reserved the matter for orders on 27. 2008. In such circumstances, the present Writ Petition is filed for the purpose of direction against the respondent to furnish copies of the Sub Committee report.

6. The learned counsel for the respondent on instructions would submit that the enquiry before the respondent against the petitioner has been adjourned due to various reasons and it is admitted that on 27. 2008, the petitioner has also presented a memo asking for one month time due to the reason that he is not available in India. However, taking into consideration that the matter has been prolonged for a long time, the respondent Wakf Board has reserved the matter for orders.

7. The Wakf Board in the case of this sort of enquiry by the Wakf Board under the Wakf Act is like that of a Civil Court in conducting trial. In fact while considering the provisions of Section 43 of the Wakf Act 1954, the Karnataka High Court in Syed Mohammed Peer Paskha Kadri vs.Karnataka State Board of Wakfs and others reported in1979 (2) MLJ 501 has held in detail that the proceedings to be followed by the Wakf Board for conducting enquiry should be like a trial by the Civil Court by giving proper opportunities to the par