The High Court of Kerala dismissed a civil revision petition challenging a Wakf Tribunal order. The Tribunal had declared registered bye-laws and an election illegal due to lack of general body approval. The revision was rejected as devoid of merit.
Revision petition dismissed as devoid of merit.
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 ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938
CRP.No. 771 of 2008
AGAINST THE JUDGMENT AND DECREE IN WOS 47/2007 of WAKF TRIBUNAL, ERNAKULAM DATED 29.7.2008
REVISION PETITIONERS/DEFENDANTS 1, 6, 7, 11, 12 & 13:
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENTS/PLAINTIFFS & DEFENDANTS 2, 3, 4, 5, 8, 9, 10 & 14:
CRP.No. 771 of 2008
:: 2 ::
(It is recorded that 10th respondent is died, and no legal heirs need be impleaded on behalf of the deceased 10th respondent, as he is only a member of the committee as per order dated 3.9.2013 in memo bearing c.f.no.3380/11 in CRP 771/08.)
R,R1-5 BY ADV. SRI.C.KHALID R,R1-5 BY ADV. SRI.N.GOPINATHA PANICKER R,R1-5 BY ADV. SRI.R.O.MUHAMED SHEMEEM R,R1-5 BY ADV. SRI.T.P.SAJID R,R1-5 BY ADV. SMT.NAMITHA JYOTHISH R,R1-5 BY ADV. SMT.P.S.MAHESWARI R,R13 BY ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD R, BY ADV. SRI.T.C.SURESH MENON R,R6,7,11,12 BY ADV. SRI.JIBU P.THOMAS R,R6,7,11.12 BY ADV. SRI.APPU.P.S. R13 BY ADV. SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.771 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2016
ORDER
Dama Seshadri Naidu, J.
The petitioners in this revision are some of the defendants in W.O.S.No.47/07 on the file of the Wakf Tribunal, Ernakulam. The petitioners therein filed the suit seeking a declaration that the registration of the second memorandum of association and byelaws is null and void. Consequently, they have also sought a declaration that the election held on 27.4.2007 based on the second set of bye-laws is also illegal. In fact, the plaintiffs sought a prohibitory injunction restraining all the defendants from interfering the administration of the Wakf.
C.R.P.No.771 of 2008
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registration of the second set of bye-laws was illegal, the Tribunal has also held that even the registration of the first set of bye-laws was not in accordance with law. Eventually, having declared that both sets of bye-laws have been registered without, for example, the approval of the general body, the learned Tribunal has decreed the suit.
been the Muthavally throughout. And the very Wakf is ancient, being administered with a view to subserving the spiritual wellbeing of the community. She has eventually contended that the judgment impugned cannot be sustained, and that requires to be set aside. The learned counsel for the respondents, on the other
hand, has defended the impugned judgment.
C.R.P.No.771 of 2008
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specifically found that before registering Ext.A2 bye-laws, the defendants had no general body approval. First, the learned Tribunal has refused to rely on Ext.B13 as being the minutes of the general body. In the alternative, it has also held that even Ext.P13 contains no reference to the general body’s approving the second set of bye-laws. The record further bears out that though the Wakf is ancient, it has all along being administered on an ad hoc basis. Further, the learned Tribunal has concluded, on the appreciation of evidence, that even Ext.A1 set of bye-laws does not have the approval from the general body.
C.R.P.No.771 of 2008
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Tribunal has directed the Wakf Board to frame a scheme for the administration of the Wakf and to audit the accounts. That apart, the learned Tribunal has also directed the Board to make an interim arrangement for administering the Wakf till a scheme is settled in accordance with the Act and Rules.
In the above facts and circumstances, we find nothing amiss
in the judgment impugned; and, as a result, dismiss the revision as
devoid of merit.
Sd/-
ANTONY DOMINIC JUDGE
Sd/-
DAMA SESHADRI NAIDU JUDGE
jes
1 issue framed by the court
Whether the revision petition against the Wakf Tribunal's judgment declaring the registration of bye-laws illegal and consequent election void deserves to be allowed.
K.AVARA HAJI
T.MUHAMMED
MOYTHUNNI
KERALA STATE WAKF BOARD
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
