The High Court dismissed the writ petition as infructuous because the order against which the petition was filed had been set aside by the Waqf Tribunal in a subsequent proceeding.
Writ petition dismissed as infructuous due to the setting aside of the impugned order by the Waqf Tribunal.
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 A.M.BABU
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
PETITIONER(S)
BY ADV.SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENT(S):
AGED 57, S/O. N. C. KOYAKUTTY HAJI, N. C. HOUSE, P.O. THIRUVANNUR NADA, KOZHIKODE-673029.
R3 BY ADV. SRI.K.I.SAGEER
R4 BY ADV. SRI.MATHEWS K.UTHUPPACHAN R4 BY ADV. SRI.TERRY V.JAMES R4 BY ADV. SRI.SHARAN SHAHIER
R1 & R2 BY SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6991 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE WAKF DEED NO. 589/1956 OF S.R.O., CHATHAMANGALAM. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE DOCUMENT NO. 223/1976, DT. 19.10.1976. |
| EXHIBIT P3 | TRUE COPY OF THE WAKF DEED NO. 848/1965. |
| EXHIBIT P4 |
TRUE COPY OF THE AFFIDAVIT OF GENERAL SECRETARY ALONG WITH ATTENDANCE REGISTER AND THE NAME AND ADDRESS OF ELECTED OFFICE BEARERS OF SANGAM. |
| EXHIBIT P5 |
TRUE COPY OF THE ORDER NO. E.P.(2) 1108/CR DATED 7.11.2016 OF THE 1ST RESPONDENT. |
| EXHIBIT P6 |
TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 40/2017 DATED 1.2.2017 OF THIS HON'BLE COURT. |
| EXHIBIT P7 |
TRUE COPY OF THE JUDGMENT IN O.P. (WAKF) NO. 8/2018 DATED 6.2.2018. |
| EXHIBIT P8 |
TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 371/2018 DATED 5.1.2018. |
| EXHIBIT P9 |
TRUE COPY OF THE ORDER DATED 14.2.2018 PASSED BY 2ND RESPONDENT. |
/True Copy/
P.S.To Judge
K.Harilal & A.M.Babu, JJ.
====================================
W.P.(C)No.6991/2018
==================================== Dated this the 2nd day of April, 2018.
JUDGMENT
K.Harilal, J.
1.The petitioners filed this writ petition,
challenging Ext.P9 order, which was passed in execution of Ext.P5 order. But now, Ext.P5 order has been set aside by the Waqf Tribunal,
in O.A.57/2017. Consequently, the challenge before this Court has become infructuous by the
order passed in O.A.57/2017. Therefore, this writ petition is dismissed as infructuous.
Sd/-
K.Harilal, Judge
Sd/-
A.M.Babu, Judge
sl.
1 issue framed by the court
Whether the writ petition challenging the execution order is maintainable after the impugned order was set aside by the Waqf Tribunal.
1 provisions across 1 enactments
Hidayathul Islam Sangam
N. A. Abdul Salam
The Kerala State Wakf Board
U. N. Abdu Salam
N. C. Abdul Azeez
K. Harilal
A. M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
