Dismissed

Ayisha Beevi v. Kerala State Wakf Board

Kerala HC12 Jul 2019WP(C)/17267/2019

Case brief

AI extract

What is this about?

Petitioner, claiming property as non-Wakf, approached High Court seeking direction to Wakf Board to act on her representation. Court directed the Board to consider the representation within three months.

What did the court decide?

Directing the First Respondent (Wakf Board) to consider the petitioner's representation regarding property ownership within three months from the date of judgment.

Ayisha Beevi Vs Kerala State Wakf Board — 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 A.HARIPRASAD

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WP(C).No.17267 of 2019

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PETITIONER :

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AYISHA BEEVI, AGED 68 YEARS, D/O.MOHAMEDKUTTY, PALAKKAVALAPPIL PANDARAVALAPPIL HOUSE, KOOTTAYI(PO), TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADVS. SRI.JAMSHEED HAFIZ SMT.T.S.SREEKUTTY

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RESPONDENTS :

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1 KERALA STATE WAKF BOARD, REPRESENTED BY THE DIVISIONAL WAKF OFFICE, MANJERI, MANJERI DIVISIONAL OFFICE, KOZHIKODE ROAD, MANJERI, MALAPPURAM DISTRICT, PIN-676 121

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2 THE SPECIAL TAHASILDAR TIRUR, TALUK OFFICE TIRUR TIRUR (PO), PIN-676 101, MALAPPURAM DISTRICT.

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BY ADV.SRI.T.P.SAJID, SC FOR R1. BY GOVERNMENT PLEADER SRI.SWAMIDASAN FOR R2.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.17267 of 2019 2

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A.HARIPRASAD & SHIRCY.V, J J.

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W.P(C) No.17267 of 2019

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Dated this the 12th day of July, 2019

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J U D G M E N T

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A.HARIPRASAD, J

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Heard the learned counsel for the petitioner and the learned

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Standing counsel for the Wakf Board. Learned Government Pleader is also

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heard.

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Petitioner approaches this Court seeking the following reliefs :

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“ a. Issue a writ of Mandamus or any

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appropriate writ or direction, directing the

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Ist respondent to consider and pass orders on Ext.P3 Representation and direct the Ist respondent to issue ROR, within such time

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W.P(C) No.17267 of 2019 3

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as may be pleased by this Honourable court.

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And

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b. Pass any other appropriate writ, order or direction which this Hon'ble court may deem fit to issue and the petitioner may

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pray from time to time. ”

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Petitioner claims to be a co-owner in respect of 40.87 Ares of

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property in Mangalam Village of Tirur Taluk. He applied for records of

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right before the second respondent, Special Tahsildar, Tirur. First

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respondent Wakf Board send a letter to the second respondent stating that

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the property owned by the petitioner is a Wakf property. According to him,

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the property belongs to the petitioner and other co-owners and it is not

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Wakf property. He produced Ext.P1, basic tax receipt and Ext.P2 possession

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certificate issued by the Village officer concerned. He preferred Ext.P3

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petition before the first respondent, for which no action was taken so far. It

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W.P(C) No.17267 of 2019 4

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is also pointed out that there were proceedings before the Wakf Tribunal

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earlier decided in favour of the petitioner as per the judgment in O.S No.68

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of 2005 by the Wakf Tribunal, Kozhikode.

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After hearing the learned counsel on both sides, we are of the

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view that justice can be done to the parties by directing the first respondent

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Wakf Board to consider Ext.P3 representation within a period of three

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months from today and take appropriate action in accordance with law.

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All pending interlocutory applications will stand closed.

A. HARIPRASAD,

JUDGE.

SHIRCY.V, JUDGE

amk

W.P(C) No.17267 of 2019 5

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1	A TRUE PROPERT VILLAGE	COPY OF Y COMPRIS OF TIRUR	THE ING I TALUK	TAX RECEIPT FOR THE N R.S.71/2 OF MANGALAM DATED 30.10.2018
EXHIBIT P2	A TRUE OF THE MANGALA 04.10.2	COPY OF PROPERTY M VILLAG 017	THE P COMP E OF	OSSESSION CERTIFICATE RISED IN R.S.71/2 OF TIRUR TALUK DATED
EXHIBIT P3	A TRUE 1ST RES	COPY OF PONDENT D	THE ATED 1	REPRESENTATION BEFORE 6.01.2019
EXHIBIT P4	A TRUE DATED 1	COPY OF 9.01.2019	THE	ACKNOWLEDGEMENT CARD
EXHIBIT P5	A TRUE BEFORE 23/06/2	COPY OF T THE WAKF 006.	HE JU TRIB	DGMENT IN O.S.68/2005 UNAL, KOZHIKODE DATED
EXHIBIT P6	A TRU WPC.NO. HIGH CO	E COPY 31737/201 URT OF KE	OF 4 BE RALA D	THE JUDGEMENT IN FORE THE HONOURABLE ATED 10/08/2018.

Ayisha Beevi v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Ayisha Beevi v. Kerala State Wakf Board

Case brief

What is this about?

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