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2011 Supreme(Mad) 689

S.TAMILVANAN
Salem Shaharsha Makkan Majid Trust Board Rep by its Trust Member & Mutawalli – Appellant
Versus
The Tamil Nadu Wakf Board, Chennai – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Karthikeyan, Advocate.
For the Respondent:Ms. Yasmeen Ali, Advocate.

JUDGMENT :-

Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.

2. The revision has been preferred, challenging the order dated 20.03.2008 made in I.A. No.47 of 2006 in W.O.P. of 2006 in O.S. No.34 of 1936 on the file of the Principal Subordinate Judge (Wakf Tribunal), Salem, whereby the Wakf Tribunal had dismissed the plea of the petitioner to conduct election for the Salem Shaharsha Makkan Majid Trust Board, by appointing an advocate commissioner.

3. It is seen that the interlocutory application in I.A. No.47 of 2006 was filed by the petitioner herein before the court below with the following prayer:

"Therefore it is just and necessary that this Hon'ble Court may be pleased to appoint a Court Commissioner to conduct fresh selection for the Salem Shaharsha Makkan Majid Trust Board, Mulluvadi, Salem-7 according to the scheme decree framed in O.S. No.34 of 1936 and otherwise I will be put to great loss and hardship and thus render justice."

4. It is seen that in the scheme suit filed in O.S. No.34 of 1936, a scheme decree was passed by the Subordinate Judge, Salem on 10.12.1938 as follows:

"It is hereby declared that the pr



































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