ORDER : 1. Civil Revision Petition is filed against the order dated 16.11.2004, made in C.M.A.No.2/2001, on the file of Wakf Tribunal (Principal Sub Court), Tirunelveli, confirming the order passed by the Tamil Nadu Wakf Tribunal, the first respondent in R.C. No. 17154/B1/85/TNV, dated 29.03.2001. 2. The short facts necessary for disposal of the case are as follows:- Malukamalaiar Mosque and burial ground and Labbai nainar Pallivasal are two separate wakfs situated in Kalakad, Nanguneri Taluk, Tirunelveli District. Originally the above said wakfs were administrated by one M.Malukkamaliar Rowther, who was the Muthavalli of these two wakfs and he was removed on the charge of misappropriation of wakf funds. Thereafter, dispute arose between, the revision petitioner Jamath, namely Kottai Muslim Jamath and the 2nd respondent Jamath, namely Viyasarajapuram Muslim Jamath over the right of administration. Vide proceedings dated 29.03.2001, in Rc.No.17154/B1/TNV, the Tamilnadu Wakf Board, had ordered, that the Viyasarajapuram Muslim Jamath is having exclusive right over the administration of Malukamalaiar Mosque and burial ground. In respect of Lebbai Nainar Darga as regards administration there is no controversy. 3. Aggrieved against the proceedings, dated 29.03.2001, the Kottai Muslim Jamath, filed an appeal in C.M.A.No.2/2001, before the Tamil Nadu Wakf Tribunal. By judgment, dated 16.11.2004, the Wakf Tribunal, (Principal Sub Court), Tirunelveli, dismissed the appeal confirming the proceedings dated 29.03.2001. Aggrieved against the judgment, dated 16.11.2004, the present revision is preferred by the Kottai Muslim Jamath. 4. Mr.D.Nallathambi, learned counsel for the revision petitioner, submitted that the Wakf Board, dated 29.03.2001, declaring that Vyasarajapuram Jamath alone is entitled for management in Malukamalaiar Mosque and burial grounds is without any reference and by overlooking the earlier order of the Wakf Board in R.C.No.17154/B1/85/06/TNV, dated 20.09.1986, whereby, the Wakf Board passed a resolution to the effect that Kottai Muslim Jamath is also having right of Management in Malukamalaiar Mosque along with Vyasarajapuram Jamath. The above said order of the Wakf Board, dated 20.09.1986, was challenged by one Janab.B.Hameed Ali, belongs to Vyasarajapuram Jamath, in W.P.(MD).No.13480 of 1986 and the said writ petition was dismissed on 21.02.1997 and the said order was also confirmed in W.A.No.1503 of 1996, by order dated 27.01.1999. Further the reference of suit in O.S.No.131 of 1968 before the Sub Court, Tirunelveli, is incorrect, since the said suit is not connected with Malukamalaiar mosque and burial ground, but it is connected with another Dharka, which is a separate Wakf. Further the reference of suit in O.S.No.131 of 1968 before the Sub Court, Tirunelveli, is incorrect, since the said suit is not connected with Malukamalaiar mosque and burial ground, but it is connected with another Dharka, which is a separate Wakf. Therefore, the learned counsel prays for allowing the revision by setting aside the impugned orders. 5. Per contra, Mr.S.Meenakshi Sundaram, learned counsel for the second respondent, submitted that Labbai Nainar Dargha and Malukamaliar Pallivasal and burial ground are being administered by the Vyasarajapuram Muslim Jamath from time immemorial. He further submitted that Viyasarajapuram Muslim Jamath filed a suit in O.S.No.131 of 1968 on the file of Sub Court, Tirunelveli, against the Kottai Muslim Jamath to establish their right over the administration of Labbai Nainar Dargha, Kalakad, has been decreed in their favour. Like wise, in respect of the suit filed by the Kalakkad Muslim Sangam of Kottai Muslim Jamath in O.S.No.554 of 1968, before the District Munsif Court, Ambasamudram, against the Wakf Board, the Wakf Board in its written statement, had contended that Kottai Muslim Jamath had no right in the management of Malukamaliar Pallivasal and burial ground. Taking all these factors into consideration, the Tamil Nadu Wakf Board, has passed an order in proceedings No.17154/B1/85/TNV, dated 29.03.2001, holding that the Vyasarajapuram Muslim Jamath alone is entitled to the administration of Malukkamaliar Pallivasal and burial ground. Against the said order, the unapproved President of Kottai Muslim Jamath, Janab.M.Peer Mohamed preferred an appeal, before the Wakf Tribunal, (Principal Sub Court), Tirunelveli, in C.M.A.No.2/2001, and the same was dismissed. 6. Heard, Mr.K.K.Senthil, learned counsel for the first respondent, on the submissions made by the learned counsel for the petitioner and the second respondent. He also submitted that the proceedings of the Wakf Board in R.C.No.17154/B1/85/06/TNV, dated 20.09.1986 is still in existence. 7. The admitted facts in the case are as follows. In the year 1968, Kottai Muslim Sangam filed a suit, O.S.No.554 of 1968 before the District Munsif Court, Ambasamudram, for declaration of their right of management in Malukamalaiar mosque against the Wakf Board, wherein in the written statement filed by the Wakf Board, it is stated that Kottai Muslim Jamath, had no right in the management of the Wakf. However, the plaintiff, Kotttai Muslim Jamath, had withdrawn the suit as not pressed. 8. However, the plaintiff, Kotttai Muslim Jamath, had withdrawn the suit as not pressed. 8. In the year 1977, the Wakf Board by resolution, dated 10.01.1977, observed that Kottai Jamath will be permitted to pray in malukamaliar Mosque and permitted to bury dead bodies in the burial ground and they will not permitted to participate in the management of malukamalaiar mosque. The above said resolution of the Wakf Board was set aside and reversed by the Government of Tamilnadu by way of Government Order in G.O.No.1042, dated 21.06.1977. The said Government Order was challenged in W.P. (MD).No.1812 of 1977 and the same was dismissed on 12.11.1979 and thus, the above said Government Order was upheld. 9. When the matter stood thus, the Wakf Board by a resolution in R.C.No.17154/B1/85/06 TNV, dated 20.09.1986, passed a resolution/order to the effect that Kottai Muslim Jamath is having right of management in Malukamalaiar Mosque. The above said resolution, dated 20.09.1986, was challenged by Vyasarajapuram Jamath through one Janab.B.Hameed Ali in W.P.No. 13480 of 1986 and the said writ petition was dismissed. The writ appeal preferred against the said order in W.A.No.1503 of 1996 is also dismissed vide judgment dated 27.01.1999. 10. Based upon the resolution of the Tamil Nadu Wakf Board, dated 28.09.1985, the Superintendent of Wakfs, Tirunelveli, took charge of the two wakfs namely, Malukkamaliar Mosque and Burial Ground and Labbai Nainar Pallivasal alias labai Nainar Dargha on 05.11.1985 and thus, made the proceedings, dated 20.09.1986, in Item No.100/86, Rc.No.17154/85/06/Tnv, dated 20.09.1986. In which, the Kottai Muslim Jamath is having right of management in Malukamalaiar mosque along with Vyasarajapuram jamath, according to terms and conditions enumerated in the proceedings, dated 20.09.1986. This is the factual position in the year 1986. Till now the said position is being in existence and the said proceedings also holds good. On the contrary, without setting aside the order dated 20.09.1986, the Wakf Board, passed a fresh order in R.C. No. 17154/B1/85/TNV on 29.03.2001, wherein the Wakf Board had only referred the resolution, dated 10.01.1977, which was later reversed by the Government in G.O.No.1042, dated 21.06.1977. Thus, the Wakf Board has passed the impugned proceedings without repealing or canceling the earlier proceedings in R.C. No. 17154/B1/85/06/TNV, dated 20.09.1986. Thus, the Wakf Board has passed the impugned proceedings without repealing or canceling the earlier proceedings in R.C. No. 17154/B1/85/06/TNV, dated 20.09.1986. The very same attitude has been followed by the Wakf Tribunal, Principal Sub Court, Tirunelveli, in its judgment, dated 29.03.2001, in C.M.A.No.2 of 2001 and decided as against the revision petitioner Jamath. Even in the said judgment, the Principal Sub Court, Tirunelveli, has mentioned about the Wakf Board proceedings, in R.C. No. 17154/85/06/TNV, dated 20.09.1986, but he has not disclosed about the existence of the proceedings, dated 20.09.1986 and the subsequent challenge before the High Court in the writ petition as well as in the writ appeal. 11. In view of the above discussion and circumstances, I find that the existence of Wakf Board proceedings in R.C. No. 17154/B1/85/06/TNV, dated 20.09.1986 has not been repelled or cancelled by any competent Court or Authority, or even in the subsequent orders of the Wakf Board, dated 29.03.2001. According to the Wakf Board, its proceedings dated 20.09.1986, holds good and also being in existence. Thus, the revision petition is allowed and ordered accordingly. The procedure which has been formulated in the year 1986 n R.C.No.17154/85/06/TNV, dated 20.09.1986, has to be followed in letter and spirit. 12. In the result, the judgment dated 16.11.2004 in C.M.A.No.2 of 2001 on the file of Wakf Tribunal, Principal Sub Court, Tirunelveli, is set aside and the civil revision petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.