Remanded

Hajee H.Kamaludeen v. Kerala State Wakf Board

Kerala HC27 Feb 2018WP(C)/36143/2017

Case brief

AI extract

What is this about?

The High Court directed the Kerala State Wakf Board to consider and dispose of a petitioner’s complaint regarding election manipulation and threats of non-cooperation within two months, after affording a hearing to the petitioner.

What did the court decide?

Directed the second respondent to consider and dispose of Ext.P1 within two months after affording an opportunity of being heard to the petitioner.

Hajee H.Kamaludeen Vs Kerala State Wakf Board — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE K.HARILAL

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THE HONOURABLE MR. JUSTICE A.M.BABU

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TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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PETITIONER(S)

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HAJEE H.KAMALUDEEN CHAIRMAN, MANACAD VALIA PALLI MUSLIM JAMA ATH MAHAL, SAMRAKSHANA SAMITHY, TC.NO. 234/1083 (I) THYCAD PO, THIRUVANANTHAPURAM 695014

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BY ADV.SRI.R.SATISH KUMAR

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RESPONDENT(S):

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KERALA STATE WAKF BOARD VIP ROAD, KALOOR PO, KOCHI 682017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

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THE CHIEF EXECUTIVE OFFICER KERALA STATE WAKF BAORD, VIP ROAD, KALOOR PO, KOCHI 682017

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THE PRESIDENT MANACAD VALIA PALLI MUSLIM JAMA ATH, MANACAD PO, THIRUVANANTHAPURAM 695009

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THE SECRETARY MANACAD VALIA PALLI MUSLIM JAMA ATH, MANACAD PO, THIRUVANANTHAPURAM 695009

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MANACAD VALIA PALLI MUSLIM JAMA ATH MANACAD, THIRUVANANTHAPURAM 695009, REPRESENTED BY ITS SECRETARY

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R1 & R2 BY SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36143 of 2017 (P)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE PETITION DATED 26.09.2017 SENT BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ITS POSTAL RECEIPT
EXHIBIT P2	TRUE COPY OF THE PETITION DATED 26.09.2017 SENT BY THE PETITIONER TO THE DISTRICT COLLECTOR, THRIUVANANTHAPURAM, ALONG WITH ITS POSTAL RECEIPT
EXHIBIT P3	TRUE COPY OF THE PETITION DATED 26.09.2017 SENT BY THE PETITIONER TO THE CITY POLICE COMMISSIONER ALONG WITH ITS POSTAL RECEIPT
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF THE 2ND RESPONDENT
EXHIBIT P5	TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF THE DISTRICT COLLECTOR, THIRUVNANTHAPURAM
EXHIBIT P6	TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 06.04.2017 IN IA.NO. 195/2017 IN OS.NO. 6/2016 OF WAKF TRIBUNAL, KOLLAM
EXHIBIT P8	TRUE COPY OF THE PLAINT IN OS.NO. 31/2017 ON THE FILES OF WAKF TRIBUNAL, KOLLAM

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K.Harilal & A.M.Babu, JJ.

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

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W.P.(C)No.36143/2017

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

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Dated this the 27^th day of February, 2018.

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JUDGMENT

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K.Harilal, J.

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1.Aggrieved by the delay in the disposal of

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Ext.P1, the petitioner filed this writ petition, seeking a direction to the second respondent, to consider and dispose of Ext.P1, within a time frame.

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2.Heard the learned counsel for the petitioner and the learned standing counsel for the first respondent.

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3.According to the petitioner, he is the Chairman of Manacaud Valia Palli Muslim Jama-ath Mahal Samrakshana Samithy and he filed Ext.P1 petition before the second respondent alleging that respondents 3 and 4 have manipulated the

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Wpc36143/2017

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-:2:-

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voters list, 46 ballot papers etc. in order to

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win the last election to the executive committee and they made an open declaration, after the prayer in the jama-ath on 7.7.2017, that they will not co-operate with marriage or death ceremonies to be held in the family of the members, who supported the petitioner association. They apprehend that the said declaration, if implemented, may cause breach of peace in connection with the death of a jama-ath member of the petitioner's family. This is the grievance projected in the writ petition.

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4.Having regard to the gravity of the grievance projected in the writ petition, we find that the said grievance, requires to be considered seriously and addressed by the second

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Wpc36143/2017

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-:3:-

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respondent at the earliest. Consequently, the second respondent is directed to consider and dispose of Ext.P1, within a period of two months from today, after affording an opportunity of being heard to the petitioner.

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5.The writ petition is disposed of accordingly.

Sd/-

K.Harilal, Judge

Sd/-

A.M.Babu, Judge

sl.

Hajee H.Kamaludeen v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Hajee H.Kamaludeen v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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