JUDGMENT ( 1. ) THE second respondent before the Tribunal is before this Court challenging the proceedings initiated by the first respondent. ( 2. ) HEARD Mr.S.Prabhakaran, learned counsel for the petitioner. The first respondent initiated proceedings under Section 32 of the Wakf Act before the second respondent, seeking a direction to the petitioner's management not to prevent him and other persons having particular faith from entering and offering prayers in the mosque individually and in the back of congregation in the manner followed by the petitioner and others to entitle them to be buried and bury the family members according to the tenets as being a fundamental right enshrined under Act 25 of the Constitution of India. The said application was dismissed by the second respondent/Board. Aggrieved by that, the first respondent preferred an original application before the Wakf Tribunal in O.A.No.37 of 2011. The said proceedings is being challenged before this Court under Article 227 of the Constitution of India as it is violation of the provisions of certain Acts. ( 3. ) MR.S.Prabhakaran, learned counsel for the petitioner submitted that when the Wakf Board categorically rejected the first respondent's claim, the first respondent cannot file proceedings before the tribunal. He submitted continuation of the proceedings is in violation of Section 4(2) of the " Places of Worship (Special Provisions) Act, 1991 as the first respondent is trying to change the manner of worship. It is contended that the Civil Court's jurisdiction is barred under Section 85 of the Wakf Act, 1995 and therefore, the Court below should not have entertained the original application. That apart, he referred to Section 9 of the Code of Civil Procedure and contended that the Civil Court can only try all suits except barred one. By referring to Section 85, he submitted the jurisdiction of the lower Court is barred and therefore, the proceedings are unnecessary and same is liable to be struck off. ( 4. That apart, he referred to Section 9 of the Code of Civil Procedure and contended that the Civil Court can only try all suits except barred one. By referring to Section 85, he submitted the jurisdiction of the lower Court is barred and therefore, the proceedings are unnecessary and same is liable to be struck off. ( 4. ) IT is seen that the first respondent as stated above moved the second respondent/tribunal seeking certain relief i.e, a direction to the petitioner's management not to prevent him and other persons having particular faith from entering and offering prayers in the mosque individually and in the back of congregation in the manner followed by the petitioner and others to entitle them to be buried and bury the family members according to the tenets as being a fundamental right enshrined under Article 25 of the Constitution of India. After hearing the parties, the Wakf Board rejected the prayer of the first respondent referring to Section 3 of the Places of Worship (Special Provisions) Act, 1991. Against the said order dated 13.12.2010 passed by the Wakf Board, the first respondent preferred the O.A.No.37 of 2011 before the Wakf Tribunal and the said proceeding is being challenged before this Court. The Wakf Act, 1995 provides for better administration of wakf and for matters connected there with. The preamble of the Act reads as follows: "An Act to provide for the better administration of Wakfs and for matters connected therewith or incidental thereto." The said act is a comprehensive special Act. The act provides for constitution of tribunals under Section 83 of the Act for filing appeal/proceedings against the order passed under the Act. Section 83 of the Wakf Act is extracted as follows:- "83.Constitution of Tribunals, etc.-(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals. (2) Any mutawalli, person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf. (3) Where any application made under sub-section(1) relates to any wakf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the wakf actually and voluntarily resides, carries on business of personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter: Provided that the State Government may, if it is of opinion that it is expedient in the interest of the wakf or any other person interested in the wakf or the wakf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such wakf or wakf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interests of justice to deal with the application afresh. (4) Every Tribunal shall consist of one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, and the appointment of every such person may be made either by name or by designation. (5) The Tribunal shall be deemed to be a Civil Court and shall have the same powers as may be exercised by a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (5) The Tribunal shall be deemed to be a Civil Court and shall have the same powers as may be exercised by a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (6) Not withstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a Civil Court. (8) The execution of any decision of the Tribunal shall be made by the Civil Court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908(5 of 1908). (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit." ( 5. ) THE Wakf Board passed the order under Section 32 of the Act and the said Section is extracted as follows:- "32.Powers and functions of the Board.- (1) Subject to any rules that may be made under this Act, the general superintendence of all wakfs in a State shall vest in the board established or the State; and it shall be the duty of the Board so to exercise it powers under this Act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended; Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of Muslim law to which the wakf belongs. (2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be- (a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every wakf; (b) to ensure that the income and other property of wakfs are applied to the objects and for the purposes for which such wakfs were intended or created; (c) to give directions for the administration of wakfs; (d) to settle schemes of management for a wakf; Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard. (e) to direct - (i) the utilisation of the surplus income of a wakf consistent with the object of a wakf; (ii) in what manner the income of a wakf, the objects of which are not evident from any written instrument, shall be utilized. (iii) in any case where any object of wakf has ceased to exist or has become incapable of achievement, that so much of the income of the wakf as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community: Provided that no direction shall be given under this clause without giving the parties affected an opportunity of being heard. (3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the wakf or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final. (4) Where the Board is satisfied that any wakf land, which is a wakf property, offers a feasible potential for development as a shopping centre, market, housing flats and the like, it may serve upon the mutawalli of the concerned wakf a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. (5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is no willing or is not capable of executing the works required to be executed in terms of the notice, it may, with the prior approval of the Government, take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from Wakf Funds or from the finances which may be raised on the security of the properties of the wakf concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate changes incurred on the property are recovered from the income derived from the property: Provided that the Board shall compensate annually the mutawalli of the concerned wakf to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board. (6)After all the expenses as enumerated in sub-section(5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned wakf." ( 6. ) AS provided under the Act, if anybody is aggrieved by the order passed under Section 32 and the under provision of the Act, he or she has got remedy before the tribunal under Section 83 of the Act. It is a statutory remedy. When such a statutory remedy is available, the aggrieved party is at liberty to avail the same. The said remedy alone is being availed by the first respondent. Having followed the provisions of the Act, nobody could be found fault with and the said proceedings cannot be challenged before the Court under Article 227 of the Constitution of India. If the first respondent without availing alternative remedy, approaches the Court, this Court would have rejected the said proceedings on the ground of availability of alternative remedy, whereas the first respondent rightly availed the statutory appeal by way of filing original application before the tribunal. Therefore, the said proceedings cannot be struck off under Article 227 of the Constitution of India. Therefore, the said proceedings cannot be struck off under Article 227 of the Constitution of India. The power of this Court under Article 227 of the Constitution of India is no doubt is wide. However, there is alternative remedy is provided under the Act, that has to be availed. Paragraph 49 (c) of Judgment in Shalini Shyam Shetty vs. Rajendra Shankar Patil reported in 2010(8) SCC 329 reads as follows:- "(c) High Courts cannot, at the drop of a hat, in exercise of its power of superintendence under Article 227 of the Constitution, interfere with the orders of tribunals or courts inferior to it. Nor can it, in exercise of this power, act as a court of appeal over the orders of the court or tribunal subordinate to it. In cases where an alternative statutory mode of redressal has been provided, that would also operate as a restrain on the exercise of this power by the High Court." Further, The Honourable Supreme Court in A.Venkatasubbiah Naidu -Vs- S.Chellappan, reported in AIR 2000 SC 3032 held that no hurdle can be put against the exercise of the Constitutional powers of the High Court and it is a well recognised principle which gained judicial recognition that the High Court should direct the party to avail himself of such remedies one or the other before he resorts to a Constitutional remedy. Similarly in the case of Ajay Bansal -Vs-Anup Mehta and others reported in 2007 (3) CTC 604(SC) held as follows: "Ordinarily, an Application under Article 227 of the Constitution of India would not be maintainable where an Appeal lies. An Appeal lay from the decree under Section 96 of the Code. When an Appeal could be filed, ordinarily, an Application under Article 227 of the Constitution of India would not be entertained." In Mohd.Yunus -Vs- Mohd.Mustaqim, reported in 1984 (4) SC 38 it was held as follows:- "A mere wrong decision without anything more is not enough to attract the jurisdiction of the High Court under Article 227. The supervisory jurisdiction conferred on the High Courts under Article 227 of the of the Constitution is limited "to seeing that an inferior Court or Tribunal functions within the limits of its authority" and not to correct an error apparent on the face of the record much less an error of law. The supervisory jurisdiction conferred on the High Courts under Article 227 of the of the Constitution is limited "to seeing that an inferior Court or Tribunal functions within the limits of its authority" and not to correct an error apparent on the face of the record much less an error of law. In exercising the supervisory power under Article 227, the High Court does not act as an Appellate Court or Tribunal. It will not review or re-weigh the evidence upon which the determination of the inferior Court or Tribunal purports to be based or to correct errors of law in the decision." In The Ootacamund Club represented by its Secretary, Ootacamund, The Nilgiris - Vs- H.S.Mehta reported in 2009 (5) CTC 634 in paragraph 12' it was held as follows:- "12.In Babhutmal Raichand Oswal -Vs- Laxmibai R.Tarta reported in 1975 (1) SCC 866 , the Apex Court reiterated a view, stated in the earlier decisions and held that the power of superintendence under Article 227 of the Constitution cannot be invoked to correct an error of fact which only a superior Court can do in exercise of its statutory power as the Court of Appeal and that the High Court cannot in exercise of its jurisdiction under Article 227 convert itself into a Court of Appeal." ( 7. ) IT is contended by the petitioner that the proceedings are in violation of Section 4(2) of Places of Worship (Special Provisions) Act, 1991. Section 4(2) reads as follows:- "(2) If, on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority; Provided that if any suit, appeal or other proceeding, instituted or filed on the ground that conversion has taken place in the religious character of any such place after the 15th day of August, 1947, is pending on the commencement of this Act, such suit, appeal or other proceeding shall not so abate and every suit, appeal or other proceeding shall be disposed of in accordance with the provisions of sub-section (1). ( 8. ( 8. ) IT is seen that the first respondent has only sought permission for offering prayer in his own way. He has not changed any character of the place of worship. IT is within the powers of the Wakf Board to decide about the matter and it also negatived the first respondent's prayer. If the party is aggrieved, he can file appeal or initiate proceedings before the tribunal. Therefore, Section 4 of the above Act cannot be pressed into service. Assuming that the proceeding is the violation of the Act, the petitioner has got a right to contend the same before the tribunal. Without doing so, the petitioner cannot rush to this Court under Article 227 of the Constitution of India and try to throwout the proceedings of the first respondent at the threshold itself. No doubt, Section 9 of the Code of Civil Procedure speaks about trying all suits / matters except barred one. Section 85 of the Wakf Act, 1995 bars the jurisdiction of the Civil Court and there is no dispute with regard to the same. However, forum in which, the proceedings are pending is a "tribunal" constituted under the Wakf Act and therefore, it cannot be said as a Civil Court. Even though, the proceedings are initiated before the Civil Court, it is only trying the matter as the tribunal constituted under the Act. Therefore,the said contention that the proceedings before the Civil Court is not maintainable is also rejected. ( 9. ) THAT apart, the petitioner has got every right to put forth all his contentions before the tribunal and contest the matter. Without availing the said remedy, the petitioner cannot maintain the revision under Article 227 of the Constitution of India. ( 10. ) FOR the above reasons, the C.R.P. fails and same is dismissed. Consequently, connected miscellaneous petition is also closed. No costs.