Disposed

Muhammed Fazil M v. Vs K v Muhammed Kunhi

Kerala HC5 Feb 2019OP (WAKF)/6/2019

Case brief

AI extract

What is this about?

This order directed the Waqf Tribunal, Kozhikode to dispose of an interlocutory application within three weeks. The operation of the impugned order staying the relief was deferred pending such disposal. The petitioners sought direction due to the delay being detrimental to the Jamath's interests.

What did the court decide?

Directions to the Waqf Tribunal to dispose of OA No.152 of 2019 within 3 weeks; extension of stay on the impugned order until disposal.

Muhammed Fazil M v Vs K v Muhammed Kunhi — Property and Title | Kerala HC (2019)

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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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TUESDAY, THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

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OP (WAKF).No. 6 of 2019

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AGAINST THE ORDER IN OA 55/2019 of WAKF TRIBUNAL, KOZHIKODE

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PETITIONER :

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1 MUHAMMED FAZIL M V, AGED 30 YEARS, S/O MUSTHAFA. K.C, M V HOUSE, NEAR MUNICIPALITY HOUSE, TALIPARAMBA (PO), KANNUR DISTRICT, PIN - 670 141. 2 YAHYA.M, AGED 32 YEARS, S/O MOIDEENKUTTY, K.P.YAHYA COTTAGE, NEAR MADRASA, TALIPARAMBA (PO), KANNUR DISTRICT. PIN - 670 141.

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BY ADVS. R O MUHAMMED SHEMEEM SMT.NASEEHA BEEGUM P.S.

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RESPONDENTS :

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1 K V MUHAMMED KUNHI, AGED 49 YEARS, S/O KUNHIMOIDEEN HAJI, SAIDU NAGAR THALIPARAMBA, KANNUR - 670 141.

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2 P.P. ABDU RAHIMAN, AGED 45 YEARS, S/O K. ABOOBAKER, MAIN ROAD, THALIPARAMBA KANNUR - 670 141.

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OP (WAKF).No. 6 of 2019

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3 SHAKEER ALI HAJI, AGED 50 YEARS, S/O ALI, NEAR S.S. COLLEGE, KARIMBAM, THALIPARAMBA, KANNUR - 670 141.

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4 P.K NISAR, AGED 39 YEARS, S/O ABDUL RAHMAN, SYED NAGAR, THALIPARAMBA, KANNUR - 670 141.

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5 MUHAMED ANEEF. P., AGED 45 YEARS, S/O HAMSA, ADVOCATE, NEAR NATIONAL COLLAGE, COURT ROAD, THALIPARAMBA, KANNUR - 670 141.

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6 THE KRALA STATE WAQF BOARD, EROTH CENTRE, BANK ROAD, KOZHIKODE. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER - 673 001.

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R6 BY SRI.T.P.SAJID, SC, WAKF BOARD

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THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 05.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :

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OP (WAKF).No. 6 of 2019

JUDGMENT

K.Harilal, J.

The petitioners are members and beneficiaries of Thaliparamb Jumu-ath Palli Trust Committee. They have preferred Ext.P1 OA before the Waqf Tribunal challenging Ext.P3 order, passed by the 6^th respondent, along with Ext.P2 Interlocutory Application, to stay the operation of Ext.P3 order. Their grievance is that the delay in disposal of Ext.P2 would be detrimental to the interest of Juma-ath and unless a direction is issued by this Court to the Tribunal to consider and dispose Ext.P2 within a time frame, they will be put to great hardship and difficulty.

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Heard the learned counsel for the

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petitioner and the learned Standing Counsel for the

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OP (WAKF).No. 6 of 2019

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Wakf Board.

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Having regard to the grievance projected

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in the petition, the Wakf Tribunal, Kozhikode is hereby directed to consider and dispose Ext.P2, at the earliest,

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at any rate, within a period of 3 weeks from the date of

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receipt of a copy of this judgment. The operation of Ext.P3 would stand deferred till the disposal of Ext.P2.

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Sd/-

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K.HARILAL, JUDGE

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Sd/- ANNIE JOHN, JUDGE

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RKM

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OP (WAKF).No. 6 of 2019

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1	COPY OF THE BEFORE THE WA	OA NO.55 OF 2019 PENDING QF TRIBUNAL AT KOZHIKODE.
EXHIBIT P2	COPY OF IA N	O.152 OF 2019 IN OA NO.55
	OF 2019 P	ENDING BEFORE THE WAQF
	TRIBUNAL AT HEREWITH	KOZHIKODE, IS PRODUCED
EXHIBIT P3	COPY OF THE 6TH RESPONDEN	ORDER DATED 15.01.2019 OF T.
EXHIBIT P4	COPY OF THE KERALA STATE	OP NO.41 OF 2018 OF THE WAQF BOARD AT KOZHIKODE.
EXHIBIT P5	COPY OF THE R 5TH RESPONDE KERALA STATE	EPORT OF RETURNING OFFICER NT OP NO.41 OF 2018 OF THE WAQF BOARD AT KOZHIKODE.
EXHIBIT P6	COPY OF THE IN CRP (WAQF)	JUDGMENT DATED 04.05.2018 NO.316 OF 2018.
EXHIBIT P7	COPY OF THE JAMA'ATH PALL	BYELAW OF THALIPARAMBA Y TRUST COMMITTEE.

Muhammed Fazil M v. Vs K v Muhammed Kunhi

Case brief

What is this about?

What did the court decide?

Muhammed Fazil M v. Vs K v Muhammed Kunhi

Case brief

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