Court dismissed writ petition challenging a Wakf Board letter, leaving petitioner's contentions open and reserving liberty to move Wakf Tribunal under Section 83 of Wakf Act, 1995.
Liberty reserved to move Wakf Tribunal under Section 83 of Wakf Act, 1995 if competent.
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 HONOURABLE MR. JUSTICE P.N.RAVINDRAN
MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931
WP(C).No. 27287 of 2009(E)
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PETITIONER(S):
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PURATHEEL MIRKATHUL ISLAM JUMA-ATH COMMITTEE, REPRESENTED BY ITS SECRETARY, K.P.THAHIR, AGED 38 YEARS, S/O.KHALID MOULAVI, PURATHEEL, P.O.VARAM, KANNUR-670 594.
BY ADV. MR.C.KHALID
MR.N.GOPINATHA PANICKER MR.T.P.SAJID
RESPONDENT(S):
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1. T.K. AHAMEDKUTTY, S/O.K.MOOSA MOULAVI, DARUL HASANATH, CHATHURA KINAR, POST VARAM, KANNUR 670 594.
2. CHIEF EXECUTIVE OFFICER, KERALA STATE, WAKF BOARD, KALOOR, ERNAKULAM.
3. WAKF ENQUIRY COMMISSION, AIR INDIA BUILDING, WAKF BOARD OFFICE, KOZHIKODE.
R2 & R3 BY ADV. MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
P.N.RAVINDRAN, J.
W.P.(C) No. 27287 OF 2009
Dated this the 16th day of November, 2009
J U D G M E N T
Ext.P6 letter sent by the Senior superintendent in the Regional Office of the Kerala State Wakf Board at Kozhikode, to the petitioner, is under challenge in this writ petition. The learned counsel appearing for the petitioner submits that leaving open the petitioner's right to move the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995, this writ petition may be dismissed as withdrawn.
In the light of the said submission, I dismiss this writ petition leaving open the petitioner's contentions and reserving liberty with the petitioner to move the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995, if the dispute raised in this writ petition is one which the Wakf Tribunal is competent to entertain and adjudicate.
P.N.RAVINDRAN, JUDGE
vps
2
1 issue framed by the court
Whether to allow writ petition challenging Ext.P6 letter allowing movement to Wakf Tribunal under Section 83 of Wakf Act 1995.
1 provisions across 1 enactments
PURATHEEL MIRKATHUL ISLAM JUMA-ATH COMMITTEE
T.K. AHAMEDKUTTY
CHIEF EXECUTIVE OFFICER, KERALA STATE, WAKF BOARD
WAKF ENQUIRY COMMISSION
P.N.RAVINDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
