This court closed a Wakf revision petition regarding the management of Edakkulam Mahallu Jumaath Committee. The case was closed after the Returning Officer conducted elections and the new committee took over charge.
CRP(Wakf) No. 723 of 2018 is closed; parties retain liberty to challenge the election.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941
CRP(WAKF).No.723 OF 2018
AGAINST THE JUDGMENT IN OS 11/2018 DATED 24-11-2018 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONERS/DEFENDANTS 1, 3 TO 5, 7, 9 TO 13, 15 TO 18:
CRP(Wakf)No.723/2018
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5 ABOOBACKER FAISI, AGED 64 YEARS S/O.KAMMU MUSALIYAR, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
6 HAROON RASHEED AGED 40 YEARS S/O.SAIDALAVI, VELLADATH KARUKAYIL HOUSE, THIRUTHI, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
7 AHAMMED C.P. AGED 62 YEARS S/O.KUNJIPOCKER HAJI, CHIRUKATH POTTAMMAL, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN 676 301.
8 K.P.MOOSA AGED 66 YEARS S/O.MOIDEEN, KUTTIPARAMBIL HOUSE, POST TIRUNAVYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
9 K.P.ALAVI AGED 50 YEARS S/O.KUNJEEN, KUTTIPARAMBIL HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676301.
10 ABDURAHIMAN @ ABDRU AGED 50 YEARS S/O.PAREEKUTTY HAJI, KALLUR KUZHIYIL HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
11 HAMSA C.V. AGED 50 YEARS S/O.KUNJIMOIDEENKUTTY, CHIRUKATH VARIKKOTTIL HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
CRP(Wakf)No.723/2018
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AGED 66 YEARS CHERUPUTHUR HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
14 K.MUHAMMEDKUTTY @ K.M.KUTTY AGED 55 YEARS S/O.KUNJALAN, KOLLATH HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
BY ADV. SRI.R.RAMADAS
RESPONDENTS/PLAINTIFFS & DEFENDANTS 2,8,14 & 19 TO 21:
CRP(Wakf)No.723/2018
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5 E.P.MUHAMMEDKUTTY AGED 67, S/O.RAYANKUTTY HAJI, EDAKULATH PUTHANPURAYIL HOUSE, POST TIRUNAVAYA, EDAKKULAM, TIRUNAVAYA AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
6 MOIDEENKUTTY
AGED 62 YEARS S/O.KUNHAYIDRU, AVARANGAL HOUSE, POST TIRUNAVAYA, EDAKKULAM, TIRUNAVAYA AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
S/O.MAMMUNIKUTTY GURUKKAL @ MANU, CHANGANPALLY HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
9 ABOOBACKER AGED 66 YEARS S/O.KUNJEED MUSALIYAR, PANDRA HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
CRP(Wakf)No.723/2018
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10 KUNJALANKUTTY GURUKKAL AGED 67, S/O.MAMMUNIKUTTY GURUKKAL, CHANGANPALLY HOUSE, POST TIRUNAVAYA, EDAKKULAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 301.
11 RASHEED ALI SHIHAB THANGAL CHAIRMAN, KERALA STATE WAKF BOARD, KALOOR, KOCHI - 17.
12 KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KALOOR, KOCHI - 17.
R1 BY ADV. M.A.JINSAMOL (CAVEATOR) R1-10 BY ADV. SMT.M.A.JINSA MOL R1-6 BY ADV. SRI.M.P.SREEKRISHNAN R1-6 BY ADV. SRI.A.MUHAMMED MUSTHAFA R1-6 BY ADV. SRI.MOHAMMED RAFIQ R11-12 BY SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD
OTHER PRESENT:
SC, WAQF BOARD- SRI. T.P.SAJID, ADVOCATE COMMISSIONER- SRI. P.A.ABDUL JABBAR, SETTLEMENT OFFICER- E.S.MOHAMMED KABIR., RETURNING OFFICER-SRI.E.S.M KABEER
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 12.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.K. ABDUL REHIM, J.
&
AMIT RAWAL, J.
-----------------------------------------------------
C.R.P. (Wakf) No. 723 OF 2018
-------------------------------------------------------
Dated this the 12th day of November, 2019
J U D G M E N T
Abdul Rehim, J.
In the above wakf revision case, a Bench of this court had passed an order on 30th May, 2019 with the following directions;
“1. Sri. P.A. Abdul Jabbar, Advocate, 4th Floor, Empire Building, Near High Court, Opposite Central Police Station, Ernakulam, Kochi-18 is appointed as a Receiver of Edakkulam Mahallu Jumaath Committee with effect from today. The present Committee which is seen elected on 10.3.2017 shall continue function under the Receiver and in accordance with the directions issued by the Receiver. Without the consent or approval of the Receiver no financial transaction shall be conducted by the Committee. The Receiver shall also file a report before this court as and when necessary.
2. Sri. E.S.M. Kabeer, Advocate,
CRP(Wakf)No.723/2018
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M.C.B. Road, Kaloor P.O., Kochi-17 is appointed as the Returning Officer who shall conduct an election to the Office Bearers of the Society/Wakf after complying with the procedure prescribed in the bye-laws. Sufficient notice shall also be issued to the members while preparing the electoral roll as well as conduct of election. The election shall be conducted within three months from today after complying with the required formalities. All expenses for the conduct of the election shall be met from the funds of the wakf.
3. The Receiver and the Returning Officer shall be paid an amount of Rupees One Lakh each for the time being and they shall file necessary reports before this court as and when necessary.”
side as well as by Sri.P.A. Abdul Jabbar, Advocate appointed as the Receiver, that the Returning Officer appointed by this court had conducted the elections to the Managing Committee of the wakf concerned. It is also submitted that, out of the Managing Committee, new office bearers are also elected. It is further
CRP(Wakf)No.723/2018
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submitted that the newly elected Managing Committee has taken over charge of the administration of the wakf from 03.10.2019 onwards.
Without prejudice to right of the parties concerned as mentioned above, the CRP(Wakf) is hereby closed.
SD/- C.K. ABDUL REHIM, JUDGE .
SD/- AMIT RAWAL, JUDGE.
ul/-
// True copy //
P.S. to Judge.
Pareekutty Haji
E.P. Moideenkutty
Kerala State Wakf Board
C.K. Abdul Rehim
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
