The High Court of Kerala heard a Contempt Appeal against an order directing the Kerala State Wakf Board to consider a petitioner's pending petition expeditiously. The appeal was dismissed as there was no error in the lower court's order.
The contempt appeal is dismissed with no interference in the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 11TH JUNE 2007 / 21ST JYAISHTA 1929
Con.APP(C).No. 5 of 2007(S) {C.O.C.NO.1532/2006 Dated 07/03/2007 OF THIS COURT} ....................
APPELLANT/PETITIONER/PETITIONER:
P.K.M.KUTTY HAJI, S/O. KUNHALASSAN, A.C.BAZAR, MOONNIYOOR POST, MALAPPURAM DISTRICT.
BY ADVS. SRI.P.S.ABDUL KAREEM
& SRI.P.K.VARGHESE
RESPONDENTS: RESPONDENTS/RESPONDENTS:
CHIEF EXECUTIVE OFFICER, THE KERALA STATE WAKF BOARD, V.I.P. BOARD, KALOOR, KOCHI - 17.
MOONNIYOOR ODUNGATTUCHIRA JAMA-ATH PALLI MAHAL COMMITTEE, P.O.MOONNIYOOR, MALAPPURAM DISTRICT, PIN - 676 311.
BY ADV. SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD
SRI.K.P.MAJEED
SMT.ISHA
SRI.P.ANOOP (MULAVANA)
THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
H.L.DATTU, C.J. & K.T.SANKARAN, J.
Contempt Appeal No.5 of 2007
Dated this the 11th day of June, 2007.
JUDGMENT
H.L.DATTU, C.J.
The petitioner was before this court in W.P.(C) No.37621/04. His main prayer in the writ petition was to issue an appropriate direction to the 2nd respondent interdicting him from constructing a building in the burial ground of a public trust. His other grievance was that he had already filed an appropriate petition before the Kerala Wakf Board, Ernakulam and the same is not yet disposed of by them, in spite of long lapse of time. The learned single Judge has disposed of the writ petition by order dated 28.12.2004 and in that, has directed that the 2nd respondent shall not complete the construction of the building till the first respondent viz., the Kerala Wakf Board decides the petition filed by the petitioner, Ext.P2.
Contempt Appeal No.5 of 2007
Board to consider the petition Ext.P2, which is numbered as O.P.No.122/04, as expeditiously as possible.
contempt petition, the complainant is before us in this appeal.
Contempt Appeal No.5 of 2007
In our view, the learned single Judge has not committed any error whatsoever and therefore, no interference is called for in the appeal filed against the said order. This contempt appeal is dismissed. Ordered accordingly.
Sd/-
H.L.DATTU CHIEF JUSTICE
Sd/-
K.T.SANKARAN JUDGE
sk/
//true copy//
P.S. To Judge
1 issue framed by the court
Whether the learned Single Judge committed an error in directing the respondent to consider the petitioner's pending petition expeditiously during the contempt proceeding.
P.K.M.Kutty Haji
B.M.Jamal
K.V.Kunhimohammed Haji
H.L. Dattu
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
