Remanded

K.M.Saidu Muhammed, v. the Kerala State Wakf Board

Kerala HC14 Nov 2019WP(C)/30747/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition without issuing notice to respondents. The Court directed the 1st Respondent, the Kerala State Wakf Board, to consider and pass appropriate orders on a petition filed by the petitioners seeking modification of the interim administration arrangement regarding the 2nd Respondent wakf within two months.

What did the court decide?

Directed the 1st Respondent to consider and pass appropriate orders on Ext.P13 petition with opportunity to respondents in the original petition and dispose of it within 2 months.

K.M.Saidu Muhammed, Vs the 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 C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941

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WP(C).No.30747 OF 2019(P)

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PETITIONERS:

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1 K.M.SAIDU MUHAMMED, AGED 55 YEARS, S/O MAITHEEN, RESIDING AT VELLAKKAMATTOM, CHERUVATHOOR P.O., KOTHAMANGALAM, PIN - 686 673.

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2 P.M. KATHIRKUNJU S/O MAKKAR, BLANKARAYIL (PUTHIYADATH) HOUSE, CHERUVATTOOR P.O., KOTHAMANGALAM, ERNAKULAM, PIN - 686 691.

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3 M.S. MAJEED, S/O MEERAKUTTY SAID, MARAGATH HOUSE, MULAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.

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4 SHIHAB, S/O SAITH MUHAMMED, CHAKKAPPILLY HOUSE, PATTIMATTAM, EAST VAZHAPILLYP.O., MUVATTUPUZHA, PIN - 686 673.

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5 M.MUHAMMED, VARIKKATTU HOUSE, EAST VAZHAPPILLY P.O., MUVATTUPUZHA, PIN - 686 673.

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BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.S.SHIRAZ BAVA SRI.ANZIL SALIM SHRI.SETHU KRISHNA R.S.

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RESPONDENTS:

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1 THE KERALA STATE WAKF BOARD, KALOOR, ERNAKULAM, PIN - 682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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2 MULAVOOR CENTRAL MAHALLU JUMA-ATH, MULAVOOR P.O., MUVATTUPUZHA, PIN - 686 673 REPRESENTED BY ITS MUTHAVALLY SHRI. ASIF ALI.

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WP (C) No.30747/2019

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3 THE ADMINISTRATOR, KERALA STATE WAQF BOARD, KALOOR, ERNAKULAM, PIN - 682 017.

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OTHER PRESENT:

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SC, WAQF BOARD- SRI. T.P.SAJID

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP (C) No.30747/2019

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C.K. ABDUL REHIM, J. & AMIT RAWAL, J. ------------------------------------------------- W.P (C) No. 30747 OF 2019

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DATED THIS THE 14^th DAY OF NOVEMBER, 2019

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J U D G M E N T

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Abdul Rehim, J.:

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After hearing learned counsel for the petitioners on the question of admission, we are of the opinion that the writ petition itself can be disposed of without issuing notice to the party respondents. We heard the standing counsel appearing for respondents 1 & 3.

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Keeping aside the factual aspects narrated, which are not necessary for disposal of the writ petition, it is pertinent to note that the administration of the 2^nd respondent wakf is at present vested with 'interim Muthavally' appointed by the Wakf Board, through Ext.P5 interim order passed in O.P. No.40/2014. By virtue of the said order, as a temporary arrangement contemplated under Section 69 (5) of the Wakf Act and an employee of the State Wakf Board was appointed as 'interim Muthavally' of the 2^nd respondent wakf, inorder to manage the

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WP (C) No.30747/2019

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day to day affairs of the wakf. Direction was also issued to him to act as the Returning officer for conducting elections to the Jamaath committee. It is submitted that the elections to the Managing Committee of the Jama-ath has not been conducted, because one of the reliefs claimed in the original petition before the Wakf Board is to frame a proper scheme for administration of the wakf. Learned counsel for the petitioner submitted that, at present evidence is being taken in the original petition itself. The present dispute is with respect to the manner in which the 'Chandanakudam Festival' was conducted. Complaint is that the 'traditional Muthavallies' who were leading the festival based on the custom prevailed in the wakf, was not allowed by the 'interim Muthavally' to participate in the ceremonies conducted in connection with the 'Chandanakudam Festival', conducted in the current year, during February 2019. Therefore through Ext.P13 petition filed, the petitioners and others have sought for a modification of the interim arrangement made with respect to administration of the wakf. The petitioners are approaching this court since the Wakf Board is not considering Ext.P13 petition and is not passing any orders therein.

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WP (C) No.30747/2019

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-5-

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Learned standing counsel appearing for the Wakf Board submitted that, the term of the existing Board expired on 19-10-2019 and the Government had appointed an Administrator, by virtue of Ext.P14 order, to discharge the duties of the Wakf Board. The said Administrator is made a party in this writ petition as the 3^rd respondent. Learned standing counsel submitted that steps are being pursued for constitution of new Wakf Board with its members.

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We are of the opinion that the request contained in Ext.P13 is with respect to a matter upon which the Wakf Board has to take an appropriate decision. It is not possible for this court to dwell upon into the merits of the request contained in Ext.P13, since the original petition is pending consideration and disposal before the Wakf Board.

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Under the above mentioned circumstances, we are of the opinion that interest of justice can be achieved by directing the 1^st respondent Board to consider and to pass appropriate orders on Ext.P13 petition with opportunity afforded to the respondents in the original petition. Hence we order so. The Board shall take all earnest endeavour to dispose of Ext.P13 at the earliest possible, at any rate, final orders shall be passed in

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WP (C) No.30747/2019

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the said petition within a period of 2 months from the date of

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receipt of a copy of this judgment.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

AMIT RAWAL

JUDGE

AMG

WP (C) No.30747/2019

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE	COMPROMISE DECREE
	DATED 04-01-1947.

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EXHIBIT P2	TRUE COPY OF NO. 229/1953 TRAVANCORE-CO	THE PASS CHIN	JUDGMENT DATED 14/3/1956 IN A.S. ED BY THE HONOURABLE HIGH COURT OF .
EXHIBIT P3	TRUE COPY OF 40/2007.	THE	JUDGMENT DATED 2/4/2008 IN W.O.S
EXHIBIT P4	TRUE COPY OF	THE	ORDER DATED 19/7/2011 IN OP 98/07.
EXHIBIT P5	TRUE COPY OF 1ST RESPONDEN	THE T.	ORDER DATED 9/2/2015 PASSED BY THE
EXHIBIT P6	TRIUE COPY OF W.O.S. 7/2012	THE .	JUDGMENT DATED 11/6/2018 IN
EXHIBIT P6(A)	TRUE COPY OF W.O.S 7/2012.	THE	DECREE DATED 11-06-2018 IN
EXHIBIT P7	TRUE COPY OF	THE	NOTICE DATED 10-11-2018.
EXHIBIT P8	TRUE COPY OF DATED 18-11-2	THE 018.	MINUTES OF THE MEETING
EXHIBIT P9	TRUE COPY OF OFFICER OF TH	THE E 1S	NOTICE DATED NIL TO THE EXECUTIVE T RESPONDENT WAKAF.
EXHIBIT P10	TRUE COPY OF THE WAKAF BOA	THE RD.	NOTICE DATED 14-01-2019 ISSUED BY
EXHIBIT P11	TRUE COPY OF VIOLATION OF	THE CLAU	PHOTOGRAPHS EVIDENCING THE SE VII.
EXHIBIT P12	TRUE COPY OF	THE	REPRESENTATION DATED 01-04-2018.
EXHIBIT P13	TRUE COPY OF FILED BY THE	THE PETI	MASS PETITION DATED 16-09-2019 TIONERS AND THE MAHALLU MEMBERS.
EXHIBIT P14	TRUE COPY OF DATED 19-10-2 THE ADMINISTR ACTIVITIES OF	THE 019 ATOR THE	GAZETTE NOTIFICATION APPOINTING THE 3RD RESPONDENT AS TO CARRY OUT THE DAY TO DAY 1ST RESPONDENT.

K.M.Saidu Muhammed, v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

K.M.Saidu Muhammed, v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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