ThottathilB.Radhakrishnan,J.
C.R.
1. These original petitions are filed invoking Article 227 of the Constitution of India in the wake of the fact that following the general transfers of judicial officers in the subordinate judiciary for the year 2012, Wakf Tribunal, Kollam lies vacant without a regular officer and the District Judge, Kollam is ordered to hold full additional charge of the Wakf Tribunal/Additional District Judge III, Kollam until further orders. There appears to be some apprehension as to whether a further notification of the State Government under Section 83 of the Wakf Act, 1995 is necessary for the officer so put in charge, to discharge the functions of the Wakf Tribunal.
2. Section 3(q) of the Wakf Act defines 'Tribunal' to mean the Tribunal constituted under sub-section (1) of Section 83.
Section 83 provides for constitution of Tribunals. Sub-section (1) of Section 83 provides that the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the purposes stated therein and define the local limits and jurisdictions under the Wakf Act of each of such Tribunals. Sub-section (4) of Section 83 provides that every Tribunal shall consist of one person, who shall be 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. Reading sub-sections (1) and (4) of Section 83 together, it can be seen that official notification is required only for constitution of the Tribunal and not for appointment of the person to the Tribunal. In fact, G.O(MS) No.607/98/RD dated 8.12.1998 was issued as SRO No.1055/98, constituting three Tribunals and describing the local limits of those Tribunals. They are (1) Wakf Tribunal, Kollam, (2) Wakf Tribunal, Ernakulam and (3) Wakf Tribunal, Kozhikode. Once those Tribunals have come into being in terms of that notification, all that happens is that the judicial officer of the rank of a District, Sessions or Civil Judge Class I in the State Judicial Service, who is posted to the Tribunal will be the person appointed for that Tribunal. The Tribunal is the office of the judicial officer posted there as the person who will carry out the duties and functions of the Tribunal. Since appointment can be made either by name or by designation, it is not necessary for any particular judicial officer to be further clothed with any notified power to act as the Tribunal. No fresh notification is necessary following every transfer order of judicial officers.
3. In the aforesaid conspectus, it is hereby declared that following general transfers or other transfer orders of judicial officers in the Subordinate Judiciary from time to time, the person manning any Wakf Tribunal, on transfer, will hand over charge as may be ordered by the High Court in its proceedings on the administrative side and such handing over charge of the Wakf Tribunal is sufficient to clothe the person in charge to discharge all functions and powers in terms of the Wakf Act, 1995.
4. In the result, these original petitions are ordered directing that the officer in charge of the Wakf Tribunal, Kollam (District Judge, Kollam) who is holding the additional charge of the Wakf Tribunal, Kollam as of now, shall hear matters and pass such orders as may be called for in terms of the Wakf Act, following the charge arrangement ordered by the High Court of Kerala as per order No.B1-57/2012 dated 18.4.2012. The principle laid aforesaid will be followed in relation to the Wakf Tribunals from time to time, following transfers and postings. As regards OP(WT).1950/12, it is clarified that the parties can move the officer-in-charge of the Wakf Tribunal for variation of an interim order passed by this Court in connection with an election. Any application pending in the other matters presented before the officer-in-charge of the Wakf Tribunal, Kollam would also be considered in terms of what is stated above.
This order will gain the attention of the Registry also.