Dismissed

Dr.Mohammed Anwar v. Thendath Mohammed Haji and Others

Kerala HC3 Apr 2017WP(C)/6943/2011

Case brief

AI extract

What is this about?

This writ petition challenging an order by the Ombudsman refusing to accept property tax was disposed of. The Court held that ownership and administration issues must be decided under Wakf, Societies law, or civil suits and directed the 1st respondent's interim status quo order to continue pending competent jurisdiction decisions.

What did the court decide?

Writ petition disposed of; direction to continue interim status quo order under CRL.R.P.No.24 of 2010.

Dr.Mohammed Anwar Vs Thendath Mohammed Haji and Others — Landlord and Tenant | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939

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WP(C).No. 6943 of 2011 (P)

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PETITIONER(S):

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DR.MOHAMMED ANWAR, 60 YEARS, S/O.MUSTHAFA, PRESIDENT, KERALA NADUVATHUL MUJAHDEEN TIRUR UNIT, TIRUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.K.MOHAMED RAVUF

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RESPONDENT(S):

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1. THENDATH MOHAMMED HAJI, S/O.MOHAMMED ALI, THENDATH HOUSE, TIRUR - 676 101.

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2. THE SECRETARY, TIRUR MUNICIPALITY, TIRUR, MALAPPURAM DISTRICT - 676 101.

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3. OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM BY ITS SECRETARY. PIN - 695 001.

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R1 BY ADVS. SRI.V.V.ASOKAN SMT.RUKHIYABI MOHD KUNHI R2 BY ADV. SRI.K.I.ABDUL RASHEED BY SENIOR GOVERNMENT PLEADER SRI.BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6943 of 2011 (P)

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

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 : TRUE COPY OF THE ORDER IN M.C.NO.35 OF 2007 OF THE SDM, TIRUR.

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EXT.P2 : TRUE COPY OF THE ORDER DATED 20.01.2011.

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1 st RESPONDENT'S EXHIBITS :

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EXT. R1(A) : TRUE COPY OF THE INTERIM ORDER IN CRL.R.P.NO.24 OF 2010 OF SESSIONS COURT, MANJERI.

//TRUE COPY\

P.A TO JUDGE

IAP

ANU SIVARAMAN, J

================== W.P.(C).NO.6943 OF 2011

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

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Dated this the 3^rd day of April, 2017

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J U D G M E N T

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This writ petition is filed challenging Exhibit P2 order

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of the 3^rd respondent, Ombudsman for Local Self

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Government Institutions directing that property tax in respect of the building owned by the Kerala Nadvathul Mujahdeen Tirur shall not be accepted from the petitioner.

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Issue with regard to the ownership and right of administration of the said Trust and its properties is a matter which arises for consideration under the Wakf Laws or in a civil dispute. In the above view of the matter this writ petition is disposed of directing that the issue of ownership and administration of the buildings shall be taken up and considered in appropriate jurisdictions either under the Wakf Act or under the Societies Registration Act or in civil suits.

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W.P.(C).NO.6943 OF 2011 2

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Till orders are passed in competent jurisdictions the

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order of status quo issued on 16/03/2011 will continue.

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The writ petition is disposed of as above.

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Sd/-

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ANU SIVARAMAN, JUDGE

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//True Copy\

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P.A to Judge

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IAP

Dr.Mohammed Anwar v. Thendath Mohammed Haji and Others

Case brief

What is this about?

What did the court decide?

Dr.Mohammed Anwar v. Thendath Mohammed Haji and Others

Case brief

What is this about?

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