This writ petition has been filed by the petitioner challenging the impugned proceedings of the 2nd respondent in Na.Ka.G.S.198 & 200 / RMD/17 dated 22.02.2017 and seeking for a consequential direction to the respondents to hold election to the Sabashkhan Gori Pallivasal Jamath Wakf by secret ballot method under the supervision of an Election Officer to be appointed by the 1st respondent in accordance with the circular issued by the 1st respondent in Na.Ka.No.7394/U1/06 dated 09.07.2008 and in Na.ka.No.1760/U1/12/Election dated 14.02.2012 within a stipulated time.
2.It appears that the petitioner has some grievance against the administration of the Wakf in question and the conduct of the election.
3.Mr.K.K.Senthil, learned Standing Counsel, who took notice for the respondents, would submit that the writ petition is not maintainable in view of the decision of the Honourable Supreme Court of India reported in 2011(1) CTC 636 (Board of Wakf, West Bengal and another vs. Anis Fatma Begum and another). According to the said decision, the Wakf Tribunal has all powers of Civil Court and in case of any dispute relating to the Wakf or the Wakf property, a party can be agitated before the Wakf Tribunal. The relevant paragraphs of the said Judgment is extracted hereunder:-
?10.In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under
Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightway under
Article 226 of the Constitution of India.?
?14.Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words ?any dispute, question or other matters relating to a Wakf or Wakf property? are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word 'Wakf' has been defined in
Section 3(r) of the Wakf Act, 1995 and hence, once the property is found to be a Wakf property as defined in
Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal.
16.We may further clarify that the party can approach the Wakf Tribunal, even if no order has been passed under the Act, against which he/she is aggrieved. It may be mentioned that Section 83(1) and
84 of the Act do not confine the jurisdiction of the Wakf Tribunal to the determination of the correctness or otherwise of an order passed under the Act. No doubt,
Section 83(2) refers to the orders passed under the Act, but, in our opinion,
Sections 83(1) and
84 of the Act are independent provisions, and they do not require an order to be passed under the Act before invoking the jurisdiction of the Wakf Tribunal. Hence, it cannot be said that a party can approach the Wakf Tribunal only against an order passed under the Act. In our opinion, even if no order has been passed under the Act, the party can approach the wakf Tribunal for the determination of any dispute, question or other matters relating to a wakf or wakf property, as the plain language of
Sections 83(1) and
84 indicates.?
5.In view of that, the present writ petition filed by the petitioner cannot be maintained in law. Therefore, the Writ Petition is dismissed as not maintainable. However, it always open to the petitioner to work out his remedy by approaching the Wakf Tribunal and seek whatever relief he is entitled to. No costs. Consequently, connected miscellaneous petition are also dismissed..