Disposed

Jabir, v. Kerala State Wakf Board

Kerala HC15 Nov 2018WP(C)/37091/2018

Case brief

AI extract

What is this about?

A writ petition filed by residents of Omachapuzha Mahallu for urgent management of a disputed Waqf property. The Court directed the Wakf Board (1st respondent) to consider and dispose of the petitioners' earlier petition within one month.

What did the court decide?

Direction to the 1st respondent to consider and dispose of Ext.P1 within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners

Jabir, Vs Kerala State Wakf Board — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.HARILAL

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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WP(C).No. 37091 of 2018

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PETITIONERS:

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1 JABIR,AGED 41 YEARS S/O ABDULLA, THIRUTHIYIL HOUSE, OZHUR AMSOM, OMACHAPUZHA DESOM,OZHUR VILLAGE, OMACHAPUZHA P.O ., TIRUR TALUK, MALAPPURAM, PIN-676320.

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2 ABDUL LATHEEF, AGED 41 YEARS, S/O KUNJEEDU HAJI, CHIRAYIL HOUSE, OZHUR AMSOM, OMACHAPUZHA DESOM, OZHUR VILLAGE OMACHAPUZHA P.O ., TIRUR TALUK, MALAPPURAM ,PIN-676320.

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3 HUSSAIN K.,AGED 40 YEARS S/O KUNJEEDU, KANDANATH HOUSE, OZHUR AMSOM, OMACHAPUZHA DESOM,

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OZHUR VILLAGE, OMACHAPUZHA P.O ., TIRUR TALUK, MALAPPURAM, PIN-676320.

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BY ADVS.SRI.K.P.SHEREEF

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SRI.T.SHIHABUDHEEN

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RESPONDENT/S:

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1 KERALA STATE WAKF BOARD, REPRESENTED BY SECRETARY, ERNAKULAM, PIN-682017.

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2 THE DIVISIONAL WAKF OFFICER, KERALA STATE WAKF BOARD, KSEB COMPLEX, CALICUT ROAD, MANJERI, MALAPPURAM DISTRICT-676121.

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3 K.K. MOHAMMED ABDUL BASHEER, KUTTATH HOUSE, VETTATH P.O., MALAPPURAM DT.-676121.

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WP(C).No. 37091 of 2018

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-:2:-

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4 OMACHAPUZHA MAHALLU, PUTHAMPALLI JUMA MASJID, OMACHAPUZHA, REPRESENTED BY SECRETARY, OMACHAPUZHA MAHALLU, PUTHANPALLI MAHALLU, COMMITTEE, OMACHAPUZHA P.O., TIRUR TALUK-676320.

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5 THE PRESIDENT, OMACHAPUZHA MAHALLU, PUTHANPALLI JUMA MASJID, OMACHAPUZHA P.O., TIRUR TALUK-676320.

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6 THE SECRETARY, OMACHAPUZHA MAHALLU, PUTHANPALLI JUMA MASJID, OMACHAPUZHA P.O., TIRUR TALUK-676320.

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OTHER PRESENT:

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SC SRI. T. P. SAJID

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37091 of 2018

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JUDGMENT

K.HARILAL, J.

The petitioners are permanent residents of Omachapuzha Mahallu, wherein the 4^th respondent masjid is situated. The 3^rd respondent is the Executive Officer appointed by the 1^st respondent and respondents 5 and 6 are the President and Secretary of the Mahallu

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Committee.

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2. According to the petitioners, the Omachapuzha Mahallu, Puthanpalli Juma Masji Waqf is in dispute for the last so many years. The 3^rd respondent was appointed as Executive Officer of the Waqf by the 1^st respondent. Since he did not assume charge of his office, these petitioners have filed Ext.P1 petition, praying for the effective management of the

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WP(C).No. 37091 of 2018

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Waqf and submitted suggestions for the serious consideration of the respondents 1 to 3. But,

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they have neither replied nor acted upon Ext.P1 so far. On the above premises, the petitioners sought for a direction to the respondents 1 to 3, to consider and dispose of Ext.P1, within a time frame.

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3. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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4. Having regard to the facts and circumstances of the case, the 1^st respondent is hereby directed, to consider and dispose of Ext.P1, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an

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opportunity of being heard to the petitioners.

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This writ petition is disposed of

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WP(C).No. 37091 of 2018

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accordingly. All pending Interlocutory

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Applications will stand closed.

Sd/-

K.HARILAL

JUDGE

Sd/-

ANNIE JOHN

JUDGE

DST

WP(C).No. 37091 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION ACKNOWLEDGMENT CARD

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RESPONDENTS' EXHIBITS NIL

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//True copy//

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P.A. To Judge

Jabir, v. Kerala State Wakf Board

Case brief

What is this about?

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Jabir, v. Kerala State Wakf Board

Case brief

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