Disposed

Kuttamassery Chalakkal Mahallu v. the Kerala State Wakf Board

Kerala HC15 Nov 2016WP(C)/35953/2016

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging an order appointing a returning officer for an election to a Wakf Board managing committee. The court held there was no impropriety as the previous term had expired. Petitioners were directed to seek a voters list via application and time to produce audited accounts after the election, with other contentions left open.

What did the court decide?

The Writ Petition is disposed of. Petitioners directed to issue notice for voters list and seek time for audited accounts.

Kuttamassery Chalakkal Mahallu Vs the… — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 V.CHITAMBARESH &

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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WP(C).No. 35953 of 2016 (T)

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PETITIONER(S):

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KUTTAMASSERY CHALAKKAL MAHALLU JAMA-ATH, KUTTAMESSERY REPRESENTED BY ITS GENERAL SECRETARY, M.A. SHAMDUDHEEN, KUTTAMASSERY, CHALAKKAL.

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ABDUL NAZAR, S/O. MOHAMMED KUNJU, PRESIDENT, KUTTAMASSERY CHALAKKADL MAHALLU JAMA-ATH, MARAMPILLY -683 105.

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M.A. SHAMSUDHEEN, S/O. ADMIMAKUTTY, GENERAL SECRETARY, KUTTAMASSERY CHALAKKAL MAHALLU JAMA-ATH, THOTTUMUGHAM P.O., ALUVA - 683 105.

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BY ADVS.SRI.G.S.REGHUNATH SRI.P K MUHAMMED PUZHAKKARA

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RESPONDENT(S):

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THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI -682 017.

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C.K. USMAN, AGED 64 YEARS S/O. KOCHUPILLAI, CHERODATH VEEDU, CHALAKKAL, MARAMPILLY - 683 105.

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HASSAN V.M.,

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AGED 58 YEARS, S/O. MOHAMMED, VATTAPPILLYKUNNU HOUSE, KUTTAMASSERY, THOTTUMUGHAM P.O., ALUVA - 683 105.

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C.S. ABDUL AZEEZ, AGED 56 YEARS, S/O. SAIDALI, KUZHIKKATTAKATHOTTU VEEDU, KUTTAMASSERY, THOTTUMUGHAM P.O., ALUVA - 683 105.

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ABDUL KAREEM C.E., AGED 63 YEARS, S/O. IBRAHIM, CHERODATHY VEEDU, KUTTAMASSERY, THOTTUMMUGHAM P.O., ALUVA - 683 105.

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WP(C) No.35953/2016

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: 2 :

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ANWAR SADATH, AGED 33 YEARS, S/O. UNNI T.A., THOTTAPPATTU HOUSE, THOTTUMUGHAM P.O., ALUVA - 683 105.

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SUDHEER K.A., AGED 39 YEARS, S/O. AHAMED, KUNNAPPILLY HOUSE, KUTTAMASSERY, THOTTUMUGHAM P.O., ALUVA - 683 105.

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USMAN V.M., AGED 59 YEARS, S/O. MUHAMMED VADAKKANETHIL HOUSE, CHALAKKAL, MARAMPILLY P.O., ALUVA - 683 105.

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ABOOBACKER C.K., AGED 59 YEARS, S/O. KOCHUPILLAI, CHERODATH HOUSE, CHALAKKAL, MARAMPILLY P.O., ALUVA - 693 105.

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ALIKUNJU T.M., AGED 57 YEARS, S/O. MEETHIAN, THAZHATTU HOUSE, CHALAKKAL, MARAMPILLY P.O., ALUVA - 683 105.

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ABDU RAHIMAN T.M., AGED 57 YEARS, S/O.MUHAMMED, THURUTHUKKATTIL HOUSE, KUTTUMASSERY, THOTTUMMUGHAM P.O., ALUVA - 683 105.

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ADV.P.A.ABDUL JABBAR, RETURNING OFFICER, EMPIRE BUILDING, 4TH FLOOR OPP. CENTRAL POLICE STATION, ERNAKULAM KOCHI - 682 031.

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R2 -R 11 BY ADV. SMT.M.A.VAHEEDA BABU R2 -R 11 BY ADV. SRI.BABU KARUKAPADATH R2 -R 11 BY ADV. SRI. K.M.FAISAL R2 -R 11 BY ADV. SRI.P.U.VINOD KUMAR R2 -R 11 BY ADV. SRI.MITHUN BABY JOHN R2 -R 11 BY ADV. SRI.J.RAMKUMAR R2 -R 11 BY ADV. SMT.AMRIN FATHIMA R BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35953 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT P1 TRUE COPY OF THE BYE LAWS FRAMED ON 31-12-1993 EXHIBIT P2 TRUE COPY OF THE O.P. NO. 168/2015 OF WAKF BOARD, ERNAKULAM.

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EXHIBIT P3 TRUE COPY OF THE I.A. NO. 69 OF 2016 IN OP NO: 168/2015 OF WAKF BOARD, ERNAKULAM.

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EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26-10-2016 IN I.A NO: 69 OF 2016 IN OP NO: 168/2015 OF WAKF BOARD, ERNAKULAM.

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RESPONDENT(S)' EXHIBITS : NIL.

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//TRUE COPY//

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V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.

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----------------------W.P (C) No.35953 of 2016 -----------------------

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Dated this the 15^th day of November, 2016

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J U D G M E N T

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Chitambaresh, J.

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There is no impropriety in Ext.P4 order impugned appointing a Returning Officer for conducting the election. This is because the term of the present Managing Committee has concededly expired.

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The petitioners however point out that there is no proper voters list to conduct an election. That is a matter to be brought to the notice of the Wakf Board by the petitioners by way of appropriate application.

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The petitioners can also seek time to produce the audited accounts before the General Body. That exercise can be conducted even after the election is over.

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The contentions of either parties are left open to be considered by the Kerala State Wakf Board after due notice to the interested parties.

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The Writ Petition is disposed of.

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Sd/-

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V.CHITAMBARESH, Judge.

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Sd/ANIL K.NARENDRAN, Judge.

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nj/15.11.2016

Kuttamassery Chalakkal Mahallu v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Kuttamassery Chalakkal Mahallu v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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