Disposed

A.M. Aboobacker Jhaji v. Kerala Stae Wakf Board and Ors.

Kerala HC6 Dec 2011WP(C)/26410/2011

Case brief

AI extract

What is this about?

The High Court directed the 1st respondent to take a final decision on the notice issued to the respondent organization and take further action within 6 months of the judgment date, dismissing the petitioner's grievance on delay.

What did the court decide?

The 1st respondent ordered to take a final decision on Ext.R1(a) and take further action within 6 months of the production of a copy of the judgment.

A.M. Aboobacker Jhaji Vs Kerala Stae Wakf Board and… — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933

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WP(C).No. 26410 of 2011(A)

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--------------------------

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PETITIONER(S):

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---------------

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A.M. ABOOBACKER HAJI S/O.A.V.MUHAMMED, ARAKKAVEETTIL HOUSE, EDASSERY P.O.,THALIKKULAM VILLAGE

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BY ADV. SRI.C.ANILKUMAR (KALLESSERIL)

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RESPONDENT(S):

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---------------

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1. KERALA STAE WAKF BOARD REP.BY ITS SECRETARY, VIP ROAD, KALOOR, COCHIN-682017

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2. THE DIRECTOR, VIGILANCE & ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM-695001

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3. A.A.MUHAMMED, ARAKKAVEETTIL, VICE PRESIDENT(NOW ACTING AS PRESIDENT) VADANAPPALLY, THEKKE JAMA-ATH MAHAL COMMITTEE, VADANAPPALLYP.O.,680614

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4. VADANAPPALY,THEKKE JAMA-ATH MAHAL COMMITTEE,VADANAPPALLYP.O.,680614 REP.BY ITS SECRETARY.

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ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD FOR R1 SRI.K.P.MAJEED FOR R3,4 SRI.K.SHAMEER MOHAMMED FOR R3,4 SR.GOVT.PLEADER SMT.M.J.RAJASREE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.26410/11

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT P1:TRUE COPY OF THE AUDIT REPORT DATE 28.2.2011 FILED BY MR.K.A.IBRAHIMKUTTY,AUDITOR BEFORE THE IST RESPONDENT.

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EXT P2:TRUE COPY OF THE REPRESENTAITON DATED 13.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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EXT.P3:TRUE COPY OF THE REPRESENTATION DATED 13.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS

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ANNEXURE R1(A): TRUE COPY OF THE NOTICE DT 15.10.11 OF THE KERALA STATE WAKF BOARD.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 26410 OF 2011

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=====================

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Dated this the 6^th day of December, 2011

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J U D G M E N T

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Petitioner is a member of the Vadanappally Thekke Jama-ath and a Convenor of the said Jama-ath and its properties. The grievance of the petitioner is regarding the delay on the part of the 1^st respondent in initiating further action on Ext.P2 complaint made by the petitioner.

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However, a statement has been filed by the learned standing counsel appearing for the 1^st respondent where it is stated that the 1^st respondent had appointed an auditor to audit the accounts of the aforesaid Jama-ath and that on receipt of the audit report dated 28/2/11, Ext.R1(a) notice has been issued to the Jama-ath in question. It is also stated that, on receipt of the reply and after hearing the concerned parties, the Board will take further action in the matter.

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From the above averments in the statement filed, it is obvious that the 1^st respondent has already taken cognizance of the manner in which the affairs of the Jama-ath are being conducted. Now that Ext.R1(a) notice also has been issued, the

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WPC No.26410/11

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:2 :

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only order that is required to be issued is that the 1^st respondent should take a final decision on Ext.R1(a) and then take further action in the matter. This the 1^st respondent shall do at any rate within 6 months of production of a copy of this judgment.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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A.M. Aboobacker Jhaji v. Kerala Stae Wakf Board and Ors.

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A.M. Aboobacker Jhaji v. Kerala Stae Wakf Board and Ors.

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