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Dated this the 17th day of June 2020 The writ petition is filed, aggrieved by the refusal on the part of the 3rd respondent Tribunal to entertain Ext.P2 application filed by the petitioner seeking to set aside Ext.P1 kudikidappu purchase certificate, issued in favour of the 1st respondent. According to the petitioner, the property for which Ext.P1 purchase certificate is issued, belongs to the 2nd respondent, namely; Nettoor Muslim Jama-ath Committee and the properties of the Jama-ath constitute a Wakf and is registered before the Wakf Board. Referring to Sections 51 and 56 of the Wakf Act, 1995 (Central Act 43 of 1995) (herein after referred to as 'the Wakf Act') dealing with alienation of wakf property, it is submitted that before issuing purchase certificate, the Land Tribunal was obliged to issue a notice to the petitioner as contemplated under Section 90(3) of the Wakf Act.

3. I find substance in the contentions urged by the learned Government Pleader. It is true that Section 90(3) of the Wakf Act provides for issuance of notice to the Wakf Board before alienation of wakf properties. As WP(C).No.26242 OF 2010(E) ..4..

far as the instant case is concerned, the proceeding is under the provisions of the Act and it is not within the jurisdiction of the Land Tribunal to consider the objections raised by the Wakf Board, since the Board is a total stranger as far as proceedings before the Land Tribunal is concerned. The remedy by way of appeal under Section 102 of the Land Reforms Act being available to the petitioner, the Land Tribunal was justified in refusing to entertain the application under Section 90(3) of the Wakf Act.