The High Court directed the Wakf Tribunal to dispose of a pending interlocutory application within one month, affording parties a hearing opportunity, without deciding the original petition's merits.
Direction to the Wakf Tribunal to dispose of Interlocutory Application (Ext.P3) within one month.
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 V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939
OP (WAKF).No. 24 of 2017 (R) -----------------------------
PETITIONERS/PLAINTIFFS 2 TO 4 IN O.S. 18/2016:
1. T.S.NAZAR
AGED 49 YEARS, S/O. T.V. SAIDUKUTTY, RESIDING AT THOTTUNGAL HOUSE, MADAVANA.P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT-680 666.
2. ABDUL GAFOOR. V.K.
3. SUDHEER. V.A AGED 41 YEARS, S/O ALI, RESIDING AT VALIYAVEETTIL HOUSE, MADAVANA. P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT-680 666.
BY ADV. SRI.K.A.JALEEL
RESPONDENTS/DEFENDANTS 1 TO 16 & 19 AND PLAINTIFFS 1 & 5 TO 11.:
1. MADAVANA MASJIDUL BADRIYYA JAMA-ATH MADAVANA P.O., ERIYADU VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 666, REPRESENTED BY ITS SECRETARY, A.K. ABOOBACKER MASTER, AGED 56 YEARS, S/O. KOCHU MUHAMMED, RESIDING AT ANGEEVEETHIL, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
2. ABDUL AKBAR. M.A AGED ABOUT 56 YEARS, S/O. ABDUL KHADAR, PRESIDENT, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
OP (WAKF).No. 24 of 2017 (R)
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3. IBRAHIM KUTTY AGED ABOUT 60 YEARS, S/O. KUNJAIRU, VICE PRESIDENT, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
4. A.K. ABOOBACJER MASTER
AGED ABOUT 56 YEARS, S/O. KOCHU MUHAMMED, SECRETARY, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
5. MUHAMMED AFSAL AGED ABOUT 45 YEARS, S/O. MUHAMMED, JOINT SECRETARY, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
6. MOHIYUDDEEN AGED ABOUT 43 YEARS, S/O MUHAMMED, TREASURER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
7. ABDUL GAFOOR. K.M AGED ABOUT 48 YEARS, S/O MOIDEEN KUNJI, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
8. ABDUL LATHEEF AGED ABOUT 48 YEARS, S/O ABDULKUNJI, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
9. NIZAR. K.K AGED ABOUT 40 YARS, S/O. KOCHALI, MEMBER. MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
10. FASALU AGED ABOUT 42 YEARS, S/O ALI, MEMBER,
OP (WAKF).No. 24 of 2017 (R)
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MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
11. I MUHAMMEDKUTTY ZUHARI
AGED ABOUT 50 YEARS, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
12. MUHAMMED NAJEEB
AGE ABOUT 42 YEARS, S/O ABDUL KHADER, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
13. MUHAMMED ALI
AGED 54 YEARS, S/O ABDULLA, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
14. MUHAMMED RAFEEK. P.A
AGED ABOUT 35 YEARS, S/O ABDUL KHADER, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
15. SHAFEER
AGED ABOUT 41 YEARS, S/O KUNJU MUHAMMED, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
16. SHIHAB. K.M
AGED ABOUT 35 YEARS, S/O MUHAMMED ASHRAF, MEMBER, MADAVANA MASJIDUL BADARIYYA JAMA'ATH, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
17. THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NEAR INTERNATIONAL STADIUM, VIP ROAD, KALOOR, ERNAKULAM-682 017.
18. SEETHI K.A. AGED 51 YEARS, S/O ALIKUNJI, RESIDING AT KADAMBOT HOUSE,
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MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 19. AMEER ALI. T.A AGED 40 YEARS, S/O ABDUKUNJU MASTER, RESIDING AT THANATHUPARAMBIL HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 20. K.C. HYDROSE AGED 75 YEARS, S/O CHEKUNNI, RESIDING AT KOCHIKARAN VADAKKEVEETTIL, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
21. YOUSEF P.S AGED 38 YEARS, S/O SYED MUHAMMED, RESIDING AT VAIYAVEETIL HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 22. SIDDIQUE. K.K. AGED 44 YEARS, S/O KUNJU MOIDEEN, RESIDING AT KOLLIYIL HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 23. ALI. C.B. AGED 43 YEARS, S/O. BEERAN, RESIDING AT CHALAKKAL HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 24. SHAMEER. T.A. AGED 28 YEARS, S/O. ANSAR, RESIDING AT THALIYAKUDY HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666. 25. ABDUL SALAM. M.K. AGED 49 YEARS, S/O KUNJU MOIDEEN, RESIDING AT MANTHURUTHIL HOUSE, MADAVANA.P.O.,ERIYADU VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT, PIN-680 666.
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (WAKF).No. 24 of 2017 (R)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS. NO 18/2016 ON THE FILE OF THE HON'BLE WAKF TRIBUNAL, ERNAKULAM FILED BY THE PETITIONERS AND OTHERS. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 10-5-2016 IN IA NO. 159/2016 IN OS NO.18/2016 ON THE FILE OF THE HON'BLE WAKF TRIBUNAL ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE ORDER NO. 57/2017 IN OS NO.18/2016 FILED BY THE PETITIONERS AND OTHERS AS PLAINTIFFS. RESPONDENT(S)' EXHIBITS NIL
//TRUE COPY//
P.A TO JUDGE
V.Chitambaresh & Sathish Ninan, JJ. ============================== Original Petition(Wakf) No.24 of 2017 ========================== Dated this the 3rd day of April, 2017
JUDGMENT
Chitambaresh, J
consideration of Ext.P3 Interlocutory Application pending with the Wakf Tribunal, Ernakulam. Without pronouncing anything on merits, we direct the Wakf Tribunal to dispose of Ext.P3 application within a period of one month from the date of receipt of a copy of this judgment. Needless to say that the party shall be afforded an opportunity of hearing before orders are passed.
Original petition is disposed of.
Sd/- V.Chitambaresh, Judge
Sd/- Sathish Ninan, Judge
vdv
1 issue framed by the court
Whether the High Court should direct the Wakf Tribunal to dispose of a pending interlocutory application within a time limit.
T.S. Nazar and others
Madavana Masjidul Badriyya Jama'ath and others
V. Chitambaresh
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
