Dismissed

Sakeer P.S. v. Puthurpally Muslim Jama-Ath

Kerala HC8 Feb 2021OP (WAKF)/14/2020

Case brief

AI extract

What is this about?

The High Court held that supervisory jurisdiction under Article 227 warrants no exercise. The court dismissed the original petitions and granted liberty to the petitioner to approach the Wakf Tribunal or other appropriate Forum within three weeks for the reliefs claimed.

What did the court decide?

Liberty granted to petitioner to approach Wakf Tribunal or other Forum within three weeks from the date of the order for redressal of grievances.

Sakeer P.S. Vs Puthurpally Muslim… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 S.V.BHATTI

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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OP (WAKF).No.14 OF 2020

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AGAINST THE ORDER/JUDGMENT IN AS 124/2019 DATED 27-09-2019 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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PETITIONER/S:

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SAKEER P.S. AGED 49 YEARS S/O.SALIM, PADAYIL HOUSE, PERUNNA P.O., CHANGANASSERY, KOTTAYAM - 686 102.

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BY ADV. SHRI.ESM.KABEER

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RESPONDENT/S:

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1 PUTHUR PALLY MUSLIM JAMA-ATH CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA P.O., CHANGANASSERY - 686 102.

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2 P.K.ABDUL RAHIM

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AGED 58 YEARS, S/O.KASIM BAVA, PARAKKAVETTY HOUSE, PERUNNA P.O., CHANGANASSERY - 686 102.

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3 MUHAMMED YASHIR AGED 35 YEARS S/O.MUHAMMED SALIM, ALAYIL HOUSE, PERUNNA P.O., CHANGANASSERY - 686 102.

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4 ELECTION COMMISSION REPRESENTED BY ITS CHAIRMAN, NOUSAHD U., MOOPARUVEED, PUTHURPALLY MUSLIM JAMA-ATH OFFICE, CHANGANASSERY - 686 102.

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O.P.(Wakf) Nos. 14 & 17/2020

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-2-

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5 THE KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR P.O., KOCHI - 682 017.

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R1 BY ADV. SRI.SUNIL V.MOHAMMED R1-3 BY ADV. SRI.M.P.MADHAVANKUTTY R4 BY ADV. SRI.P.A.ABDUL JABBAR R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD

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THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH OP (WAKF).17/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(Wakf) Nos. 14 & 17/2020

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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 S.V.BHATTI

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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OP (WAKF).No.17 OF 2020

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PETITIONER/S:

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SAKEER P.S. AGED 49 YEARS S/O. SALIM, PADAYIL HOUSE, PERUNNA P.O, CHANGANASSERY, KOTTAYAM - 686102.

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BY ADV. SHRI.ESM.KABEER

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RESPONDENT/S:

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1 PUTHUR PALLY MUSLIM JAMA-ATH CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA P.O, CHANGANASSERY - 686102.

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2 ELECTION COMMISSION REPRESENTED BY ITS CHAIRMAN, NOUSHAD U., S/O. UMMER KHAN, MOOPARUVEED, PUTHURPALLY MUSLIM JAMA-ATH OFFICE, CHANGANASSERY - 686102.

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3 ABDUL SHUKOOR K.A, S/O. ABDUL HAMEED, MEMBER, ELECTION COMMISSION, PUTHUR PALLY MUSLIM JAMA-ATH, KOCHANNANPARAMBIL, PERUNNA, CHANGANASSERY -1,

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O.P.(Wakf) Nos. 14 & 17/2020

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-4-

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4 MUHAMMED SHAJI A.S, S/O. SHAHUL HAMEED, MEMBER, ELECTION COMMISSION, PUTHRUPALLY MUSLIM JAMA-ATH, ALAYIL HOUSE, PERUNNA P.O, CHANGANASSERY -1.

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5 THE KERALA STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR P.O, KOCHI - 682017.

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R1 BY ADV. SRI.M.P.MADHAVANKUTTY R2 BY ADV. SRI.P.A.ABDUL JABBAR R2 BY ADV. SRI.MUHAMMED SHAFFI R2 BY ADV. SRI.SHAHIM BIN AZIZ R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD

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THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH OP (WAKF).14/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(Wakf) Nos. 14 & 17/2020

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O R D E R

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[ OP (WAKF).14/2020, OP (WAKF).17/2020 ]

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Dated this the 8th day of February 2021

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S.V. Bhatti, J.

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One Sakeer P.S. is the petitioner in the instant original petitions and the prayers made by the petitioner in the petitions respectively are stated thus:

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“OP (Wakf) No.14/2020

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i) To call for the records relating to Exhibit P1 to P9 and to pass orders directing to dispose of Exhibit P2 appeal pending before the Additional District Court, Kottayam within a reasonable time.

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iii) To issue direction to the respondents to issue nonliability certificate after accepting the Maulood right from the petitioner.

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iv. Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case.

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O.P.(Wakf) Nos. 14 & 17/2020

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OP(Wakf) No.17/2020

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i. To pass orders declaring that the election proposed to be conducted on 27.12.2020 pursuant to Exhibit P1 is null and void.

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ii. To call for the records relating to Exhibit P1 to P9 and to quash Exhibit P5 order since it is issued in violation of Exhibit P3 order of this Hon'ble Court.

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iii. To pass orders to the effect that the respondents 2 to 4 are not impartial and ineligible to conduct the election in a fair and proper manner following the democratic principles. iv. To issue direction to the respondent 2 to 4 to permit the petitioner to contest the election discarding Exhibit P5 order.

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v. Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case.”

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Adv. E S M Kabeer after arguing the petitions for

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some time and taking note of the difficulty in getting either suitable or complete relief from this Court under Article 227 of the Constitution of India, alternatively submitted that the petitioner may be given liberty to move a Forum, including Wakf Tribunal for redressal of grievance of petitioner.

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O.P.(Wakf) Nos. 14 & 17/2020

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After perusing the record, we are of the view that the

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supervisory jurisdiction need not be exercised in the cases on hand. However, keeping in perspective the alternative prayer the Original Petitions are dismissed by granting liberty to petitioner to approach the Forum, including Wakf Tribunal, for the reliefs available in this regard, in accordance with law, within three weeks from today.

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Original Petitions are dismissed as above.

Sd/-

S.V.BHATTI

JUDGE

Sd/-

BECHU KURIAN THOMAS JUDGE

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jjj

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O.P.(Wakf) Nos. 14 & 17/2020

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APPENDIX OF OP (WAKF) 14/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.160/2019 DATED 10/07/2019 OF THE MUNSIFF COURT, CHANGANASSERY. EXHIBIT P2 TRUE COPY OF THE APPEAL A.S.NO.124/2019 DATED 27/09/2019 OF THE HON'BLE DISTRICT COURT, KOTTAYAM. EXHIBIT P3 TRUE COPY OF THE I.A. DATED 27/11/2019 TO ADVANCE THE APPEAL. EXHIBIT P4 TRUE COPY OF THE JUDGMENT REPORTED IN 2018(3) KLT 671. EXHIBIT P5 TRUE COPY OF THE NOTICE FIXING THE LIABILITY DATED 20/08/2019. EXHIBIT P6 TRUE COPY OF THE ELECTION NOTIFICATION DATED 15/11/2020. EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF PAGE 18 AND 19 OF THE BYELAWS. EXHIBIT P8 TRUE COPY OF THE MONEY ORDER RECEIPT FOR PAYMENT OF MAULOOD RIGHT. EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST.

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RESPONDENT'S EXHIBIT

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R1(A) THE TRUE COPY OF THE ABOVE JUDGMENT IN O S NO.160/2019 DATED 10.07.2019 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY

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O.P.(Wakf) Nos. 14 & 17/2020

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-9-

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APPENDIX OF OP (WAKF) 17/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ELECTION NOTIFICATION DATED 15.11.2020.
EXHIBIT P2	TRUE COPY OF THE ORDER ISSUED BY THE PRESIDENT FIXING LIABILITY DATED 20.08.2019.
EXHIBIT P3	TRUE COPY OF THE ORDER OF STAY AND DIRECTION OF THIS HON'BLE COURT IN OP(WAQF)NO.14/2020 DATED 07.12.2020.
EXHIBIT P4	TRUE COPY OF THE AFFIDAVIT SWORN TO BY ADVOCATE PRADEEP M.S DATED 14.12.2020.
EXHIBIT P5	TRUE COPY OF THE ORDER REJECTING THE NOMINATION DATED 13.12.2020.
EXHIBIT P6	TRUE COPY OF THE EXPLANATION OF THE PETITIONER BEFORE THE THEN RETURNING OFFICER DATED 02.10.2018.
EXHIBIT P7	TRUE COPY OF THE LIST OF OFFICE BEARERS OF THE JAMA-ATH OF THE YEAR 1908-2020 DATED 16.10.2018.
EXHIBIT P8	TRUE COPY OF THE RELEVANT EXTRACT OF THE BYELAWS.
EXHIBIT P9	TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST.

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RESPONDENT'S EXHIBITS

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R1(A) TRUE COPY OF THE ABOVE MINUTES DATED 15.05.2019 OF THE PUTHOORPPALLY MUSILIM JAM-ATH COMMITTEE

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R1(B)THE TRUE COPY OF THE MEETING DATED 28.09.2019 OF THE PUTHOORPPALLY MUSLIM JAM-ATH

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R1(C) THE TRUE COPY OF THE LETTER DATED 24.07.2019 OF THE PUTHOORPPALLY MUSLIM JAM-ATH CHANGANACHERRY

Sakeer P.S. v. Puthurpally Muslim Jama-Ath

Case brief

What is this about?

What did the court decide?

Sakeer P.S. v. Puthurpally Muslim Jama-Ath

Case brief

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