This writ petition is filed challenging Ext.P3 order passed by the Administrator of the Wakf Board. Petitioners case is that there was no properly constituted Wakf Board at the time Ext.P3 order was passed. Ext.P3 was passed on 05.04.2014. This writ petition is filed on 03.12.2014. Grievance of the petitioners is that order to appoint Muthawalli is illegal.
2. Petitioners submits that Executive Officer was already in charge as per Ext.P1 proceeding. It has to be noted that E.P.No.3984 of 2005 in O.P.No.127 of 2007 is pending before the Board. The direction in the impugned order is to the effect that new Muthawalli/Committee shall be appointed in accordance with the procedure established by law within a period of three months from 05.04.2014 after finalizing the enquiry proceedings in E.P.No.3984 of 2005 in O.P.No.127 of 2007.
3. Therefore in the light of the above, there is no scope for me to interfere with the order. However, if petitioner has any challenge against merit of the finding in Ext.P3, it is open for the writ petitioners to approach the Tribunal to vary the order under W.P(C).No.32571 of 2014V 2 Sec.83 of the Wakf Act. This Court need not interfere with the order passed by the Administrator unless it finds ex facie illegal or unsustainable. All other issues in the writ petition are left open.
The writ petition is dismissed with liberty.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/20/12/14