High Court of Kerala directed the Waqf Tribunal, Kozhikode, to consider and pass orders on a stay petition filed in an original application under Section 83(2) of the Waqf Act, 1995, within one month.
Waqf Tribunal directed to consider and pass orders on Ext.P7 (stay petition) within one month from date of judgment receipt.
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
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MR. JUSTICE A.M.BABU TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939 OP (WAKF).No. 8 of 2018
(IN OA 57/2017 of WAKF TRIBUNAL, KOZHIKODE)
PETITIONERS/APPLICANTS:
1 HIDAYATHUL ISLAM SANGAM, REGISTERED NO.223/1976, P.O KARASSERY, MUKKAM, KOZHIKODE, REPRESENTED BY JOINT SECRETARY, N.A ABDUL SALAM.
2 N.A ABDUL SALAM, AGED 46, S/O. N.A MUHAMMED, AKARAPALLI HOUSE, KAKKAD AMSOM, KARASSERI DESOM, KOZHIKODE, JOINT SECRETARY, HIDAYATHUL ISLAM SANGAM, REGISTERED NO.223/1976, P.O., KARASSERY, MUKKAM, KOZHIKODE.
BY ADV.SRI.JOSE ANTONY
RESPONDENTS/RESPONDENTS:
KOZHIKODE - 670 530.
AGED 76, S/O. KUNHOYI HAJI, UPPUKANDATHIL HOUSE, KURUTHAPARAMBA, KARASSERY P.O., MUKKAM, KOZHIKODE - 673 602.
R1 BY ADVS. SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES SRI.SHARAN SHAHIER R2,R4 BY ADV. SRI.K.I.SAGEER R3 BY SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD
THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 06-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (WAKF).No. 8 of 2018 (R)
APPENDIX
==========
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WAKF DEED NO. 589/1956 OF S.R.O., CHATHAMANGALAM. EXHIBIT P2 TRUE COPY OF THE REGISTERED BYE-LAW OF HIDAYATHUL ISLAM SANGAM, KARASSERY BEARING NO.223/1976. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS K.DIS.10597/76 DATED 12.2.1977 OF A.E.O KUNNAMANGALAM. EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT OF GENERAL SECRETARY ALONG WITH ATTENDANCE REGISTER AND ELECTION OF SANGAM. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 7.11.2016 PASSED IN E.P(2) 1108/CR PASSED BY THE KERALA STATE WAKF BOARD. EXHIBIT P6 TRUE COPY OF THE O.S NO.57/2017 FILED BY PETITIONERS BEFORE THE WAKF TRIBUNAL DATED 1.3.2017. EXHIBIT P7 TRUE COPY OF THE STAY PETITION I.A NO.196/2017 BEFORE THE WAKF TRIBUNAL DATED 1.3.2017.
| RESPOND ------- |
ENTS' EX -------- |
HIBITS: ------- |
|---|---|---|
| EXHIBIT |
R1(A) |
A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.40 OF 2017 DATED 01.02.2017. |
| EXHIBIT |
R1(B) |
A TRUE COPY OF THE COMPUTER CASE STATUS OF O.A.57 OF 2017 PENDING BEFORE THE WAKF TRIBUNAL, KOZHIKODE. |
| EXHIBIT | R1(C) | A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.18930 OF 2017 DATED 08.06.2017. |
| EXHIBIT |
R1(D) |
A TRUE COPY OF G.O.(ORDINARY) NO.2/2018 DATED 01.01.2018 PASSED BY THE GENERAL EDUCATION DEPARTMENT OF GOVERNMENT OF KERALA. |
| EXHIBIT | R1(E) | A TRUE COPY OF THE ORDER IN I.A. NO.884 OF 2018 IN W.P.(C) NO. 1031 OF 2018. |
| EXHIBIT | R1(F) | A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.371 OF 2018 DATED 05.01.2018. |
//True copy//
P.A. To Judge
DST
K. HARILAL & A.M. BABU,JJ. = = = = = = = = = = = = = = = = = O.P. (WT)No.8 of 2018(R) - - - - - - -- - - - - - - - - - - - - - Dated this the 6th day of February, 2018
J U D G M E N T
K. Harilal, J.
The petitioners are applicants and respondents
are respondents in Original Application No.57 of 2017 pending on the files of the Waqf Tribunal, Kozhikode. It is an application filed under Section 83(2) of the Waqf Act, 1995, to set aside the order dated 07.11.2016, bearing No.EP(2)1108/CR passed by the 3rd respondent. Along with the said Original Application, the petitioners filed Ext.P7 stay petition before the Waqf Tribunal.
O.P. (WT)No.8 of 2018(R)
-: 2 :-
petitioners and the learned counsel for the respondents.
consider and pass orders on Ext.P7, within a period of one month from the date of receipt of a copy of this judgment.
This Original Petition is allowed accordingly.
Sd/- K. HARILAL, JUDGE
Sd/-
A.M. BABU, JUDGE
DST/07.02.2018
//True copy//
P.A. To Judge
1 issue framed by the court
Whether the Waqf Tribunal was directed to dispose of the stay petition within a specific timeframe.
HIDAYATHUL ISLAM SANGAM
N.A ABDUL SALAM
N.C. ABDUL AZEEZ
DR. N.M. ABDUL MAJEED
THE KERALA STATE WAKF BOARD
U.N ABDU SALAM
KHARILAL
AMBABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
