ORDER : PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying this Court to set aside the order dated 23.09.2011 passed in I.A.No.129 of 2011 in W.O.P.No.2 of 2010 by the Subordinate Judge, Sivagangai. This Civil Revision Petition has been filed challenging the fair and final order passed by the Court below in I.A.No.129 of 2011 in W.O.P.No.2 of 2010, dated 23.09.2011. 2. The Petitioner has filed a suit before the Sub-Court, Sivagangai seeking for the relief of declaration to declare the members list published by the third respondent as null and void and to restrain the third respondent from conducting the election as per the list of members, which is under challenge in the suit. 3. This suit came to be dismissed for default by order, dated 25.4.2011. Therefore, the Petitioner filed an application for restoration of the suit. 4. This Petition came to be dismissed by the Court below mainly on the ground that the suit itself is not maintainable by virtue of Rule 23(1) and 23(2) of the Tamil Nadu Wakf Board(Conduct of Election For Members) Rules, 1997 and that the Court lacks jurisdiction to even entertain the suit. 5. The learned counsel for the Petitioner submitted that the Court below completely mis-read the provisions of the Tamil Nadu Wakf Board(Conduct of Election For Members) Rules, 1997. The learned counsel submitted that the Rules that have been referred by the Court below applies only for the elections to the Tamil Nadu Wakf Board and it will not apply for the elections conducted by the individual Wakfs. The learned counsel submitted that the judgment that has been relied upon by the Court below is in relation to the election to the Tamil Nadu Wakf Board which became the subject-matter challenge. Therefore, the said judgment will have no application to the facts of the present case. 6. Mr.N.Mohideen Basha, learned Standing Counsel appearing on behalf of the Wakf Board submitted that the Court below has given sufficient reasons to hold that the suit itself is not maintainable, in view of the bar under Rule 23(1) and (2) of the Tamil Nadu Wakf Board(Conduct of Election For Members) Rules, 1997. Therefore, the Court below was right in dismissing the application filed by the Petitioner. 7. This Court has carefully considered the submissions made on either side and perused the materials available on record. 8. Therefore, the Court below was right in dismissing the application filed by the Petitioner. 7. This Court has carefully considered the submissions made on either side and perused the materials available on record. 8. This Court finds a lot of force in the contention raised by the learned counsel for the Petitioner. As rightly contended by the learned counsel for the Petitioner, Rule 23(1) and (2) of the Tamil Nadu Wakf Board(Conduct of Election For Members) Rules, 1997 applies only to the election conducted for the Tamil Nadu Wakf Board. It will have no application insofar as individual Wakfs are concerned. The Court below has completely mis-directed itself by reading these Rules and making it applicable to an individual Wakf. The judgments that were relied upon by the Court below will not apply to the facts of the present case. 9. This Court finds that the order passed by the Court below is illegal and the Court below ought to have entertained the application and proceed further in accordance with law. 10. In view of the above discussion, this Court has no hesitation to interfere with the fair and final order passed by the Court below in I.A.No.129 of 2011 in W.O.P.No.2 of 2010, dated 23.09.2011 and accordingly, the same is hereby set aside. 11. In the result, this Civil Revision Petition is allowed and the Court below is directed to transfer the entire case records to the file of Wakf Tribunal, since it is the Wakf Tribunal which will have the jurisdiction to entertain and proceed further with the suit. 12. The Wakf Tribunal shall restore the suit and proceed further on merits and in accordance with law and complete the suit within three months from the date of receipt of a copy of this order. No costs.