The High Court of Kerala held the Respondent, CE Officer, in WOA No.27/2016, directed the Wakf Tribunal, Ernakulam to dispose of pending pending applications P4 and P5 within one month, deferring operation of an earlier order pending said disposal.
Wakf Tribunal directed to dispose of Exhibits P4 and P5 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 K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940
OP (WAKF).No. 37 of 2018
AGAINST THE ORDER/JUDGMENT IN WOA 27/2016 of WAKF TRIBUNAL, ERNAKULAM
PETITIONER/S:
MUHAMMED SADIQ AGED 48 YEARS S/O. MUHAMMED ALI ISMAIL SAIT, DOOR NO. VI/678, NO.2, BAZAR ROAD, MATTANCHERRY, KOCHI-682 002.
BY ADVS.SRI.G.KRISHNAKUMAR
SMT.M.L.REMYA
SRI.B.S.SURAJ KRISHNA
RESPONDENT/S:
CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, V.I.P ROAD, KALOOR, KOCHI- 682 017.
ADV. T.P. SAJID, SC, WAKF
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (WAKF).No. 37 of 2018
2
JUDGMENT
K.HARILAL,J.
1. Petitioner is the respondent in WOA No.27/2016 on the files of the Wakf Tribunal, Ernakulam. Aggrieved by the delay in the disposal of Exts.P4 and P5, the petitioner approached this Court, seeking an order directing the Wakf Tribunal, Ernakulam, to dispose of Exts.P4 and P5 within a time frame.
2. Heard the learned counsel for the petitioner.
3. Having regard to the pendency of Exts.P4 and P5 and the consequences thereof, the Wakf Tribunal, Ernakulam is hereby directed to dispose of Exts.P4 and P5 at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The operation of Ext.P3 order will stand deferred
OP (WAKF).No. 37 of 2018
3
till the disposal of Exts.P4 and P5.
4. The OP(Wakf) is disposed of accordingly.
Sd/-
K.HARILAL
JUDGE
Sd/-
ANNIE JOHN
JUDGE
Sl
OP (WAKF).No. 37 of 2018
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WOA NO.27/2016 FILED BEFORE THE WAKF TRIBUNAL, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN WOA NO.27/2016 BEFORE THE WAKF TRIBUNAL, ERNAKULAM
EXHIBIT P3
TRUE COPY OF THE ORDER DATED 21.2.2018 IN WOA NO.27/2016 BEFORE THE WAKF TRIBUNAL, ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE I.A. NO.420/2018 IN WOA NO.27/2016 BEFORE THE WAKF TRIBUNAL, ERNAKULAM
EXHIBIT P5
TRUE COPY OF THE I.A. NO.421/2018 IN WOA NO.27/2016 BEFORE THE WAKF TRIBUNAL, ERNAKULAM
/true copy/
P.S. To Judge
2 issues framed by the court
Whether the High Court should direct the Wakf Tribunal to dispose of pending applications within a specific timeframe.
What relief is appropriate in case of pendency of Wakf Tribunal proceedings.
MUHAMMED SADIQ
CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD
K.HARILAL
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
