1. The minimal facts necessary to dispose of this Civil revision Petition are as follows:—

The property viz., the Thottams comprised in S. Nos. 2373 and 2376, Nagore, belongs to the Nagore Dargah. The administration of the said Dargah vests with Board of Trustee appointed under the scheme Decree passed in O.S. No. 30 of 1946, as modified by the High Court, in A.S. Nos. 289 and 576 of 1948. The Board of Trustees resolved to lease out the said property to the Nagore Educational Trust, on a monthly rent of Rs. 2,000/- for a period of 99 years. On the basis of the said resolution dated 24.7.1997, the Managing Trustee of the Dargah N.S. Syed Abul Fatah Sahib moved the Scheme Court, East Thanjore at Nagapattinam for sanction and approval. But the District Judge viz., the Scheme Court by its order dated 2.9.1997, rejected the request, stating as follows:—

“The request for permanent leasing rejected since there is no provision in the Scheme Decree for granting permission to such lease or to lease property by negotiation without conducting any public auction.”

In spite of the order passed by the Scheme Court dated 2.9.97, and which order was communicated to the Managing trustee on