Disposed

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

Kerala HC13 Jul 2020OP (WAKF)/12/2020

Case brief

AI extract

What is this about?

This judgment held that the direction to convene a General Body under the agreement must wait until State or Central Government relaxes Covid protocols. Once protocols are relaxed, the Divisional Officer must convene the body expeditiously.

What did the court decide?

Direction to divide officer to convene General Body as expeditiously as possible after State/Central Government relaxes Covid protocols.

M.K. Muhammed, Vs Kerala State Wakf Board — Writ and Judicial Review | Kerala HC (2020)

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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.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 13TH DAY OF JULY 2020 / 22ND ASHADHA, 1942

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OP (WAKF).No.12 OF 2020

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AGAINST THE ORDER DATED 18-11-2019 IN IA No.133/2017 IN EP 3506/2000 OF WAKF BOARD, ERNAKULAM

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PETITIONERS:

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1 M.K. MUHAMMED, S/O.MOIDEEN, MELEYKURIYERI HOUSE, POST KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN-673571.

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2 P.MUHAMMED, AGED 72 YEARS S/O.KUNHIMOIDEENKUTTY, PULPARAMBIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE, PIN-673571.

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BY ADV. SRI.R.RAMADAS

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RESPONDENTS:

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1 KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI-17.

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2 THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, KALOOR, KOCHI-17.

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3 THE DIVISIONAL OFFICER, KERALA STATE WAKF BOARD, REGIONAL OFFICE , EROTH CENTRE, BANK ROAD, KOZHIKODE, PIN-673001.

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4 M.K.JAFFAR,

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L.D.CLERK, KERALA STATE WAKF BOARD, DIVISIONAL OFFICE, KOZHIKODE, PIN-673001.

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R1-2 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD

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THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 13.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P. (WAKF) No. 12/2020

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-2-

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JUDGMENT

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Dated this the 13th day of July 2020

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Shaffique, J:

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This original petition has been filed seeking to implement the direction in Ext.P1. By Ext.P1 the Kerala State Wakf Board directed the Divisional Officer to take steps to convene the General Body as per the agreement between the parties and through the nominated persons.

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It is submitted by the learned counsel for the petitioner that there are about 1000 members who may participate in the general body. In the said circumstances no orders can be issued to convene the general body as presently the State and the country is following the Covid Protocol. Any such gathering of members could be made possible only if any relaxation is issued by State / Central Government in this regard. In above said circumstances we are of the view that the writ petition can be disposed of as under:

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The direction issued pursuant to Ext.P1 has to be complied with only after the Covid protocol initiated by the State / Central Government is relaxed. In such an event the Divisional Officer

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O.P. (WAKF) No. 12/2020

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-3-

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shall take necessary steps to convene the General Body as contemplated in Ext.P1, as expeditiously as possible.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

AMG

O.P. (WAKF) No. 12/2020

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-4-

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 18.11.2019 IN I.A.NO.133/2017 IN E.P.NO.3506/2000.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13.1.2020 ISSUED BY THE 3RD RESPONDENT.

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

Case brief

What is this about?

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

Case brief

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