Disposed

Muneerul Anam Sangham Akkode (South) v. the Kerala State Wakf Board

Kerala HC16 Feb 2021WP(C)/1975/2021

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the inaction of the Kerala State Wakf Board regarding an application for Wakf registration. The Court directed the Board to consider and dispose of the application within four months of receiving a copy of the judgment without examining the merits of the claim.

What did the court decide?

Directed respondents to consider and dispose of the Wakf registration application (Ext.P4) within four months of receipt of judgment copy.

Muneerul Anam Sangham Akkode (South) Vs the Kerala… — Writ and Judicial Review | 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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TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

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WP(C).No.1975 OF 2021(V)

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PETITIONER/S:

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MUNEERUL ANAM SANGHAM AKKODE (SOUTH)

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(A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860), REGISTER NO.733/2018, KARUMARAKKAD P.O. - 673 640, MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY, MOHAMMAD SHAREEF, AGED 37 YEARS, S/O.IMBICAHAMMED, KALATHINGAL HOUSE, AKKODE - 673 640, KONDOTTY TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.M.KRISHNAKUMAR

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RESPONDENT/S:

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

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2 THE CHIEF EXECUTIVE OFFICER KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI - 682 017.

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3 AKKODE MUNEERUL SANGHAM (NORTH) (A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860), REGISTER NO.344/2011 REPRESENTED BY ITS PRESIDENT, M.C.ABDUL REHMAN, S/O.MOHAMMAD, MOIKKACHALIL HOUSE, VAZHAYOOR EAST P.O. - 673 633, ERNAD TALUK, MALAPPURAM DISTRICT.

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

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OTHER PRESENT:

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ADV SHIRAZ BAWA FOR T.K. SAIDALAKUTTY., SR GP MOHAMMED RAFIQ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 1975/2021

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-2-

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J U D G M E N T

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Dated this the 16th day of February 2021

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S.V. Bhatti, J.

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Heard Advocates M. Krishna Kumar and Shiraz Bava holding for T.K. Saidalikutty for the parties.

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Petitioner complaining inaction of 1^st respondent in considering and disposing of Ext.P4 filed for registration of Wakf before the 1^st respondent has filed the instant writ petition. On 27.01.2021 the Court granted time to 1^st and 2^nd respondents to state its case on the reaction complained by petitioner.

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The obligation to consider and dispose of Ext.P4 is not disputed by 1^st and 2^nd respondents. However, a few reasons are stated for not disposing of the application and that sufficient time is required to hear all the concerned and dispose of the application.

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We have appreciated the prayer in Ext.P4 and are of the

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view that continuing to keep Ext.P4 without making an order presents a few difficulty to petitioner in more than one way. Hence,

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W.P.(C) No. 1975/2021

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-3-

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a decision needs to be taken and communicated by the 1^st and 2^nd respondents expeditiously.

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Writ petition stands disposed of with the following

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directions:

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(a) Ext.P4 is considered and disposed of, in accordance with law, after affording opportunity to persons interested in this behalf, as expeditiously as possible, preferably within four months from the date of receipt of a copy of this judgment.

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(b) This Court has not examined the merits of the claim in Ext.P4

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and it is for 1^st and 2^nd respondents to consider and pass orders in accordance with law.

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No order as to costs.

Sd/-

S.V.BHATTI, JUDGE

Sd/-

BECHU KURIAN THOMAS, JUDGE

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jjj

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W.P.(C) No. 1975/2021

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEED OF COMPROMISE DATED 23/07/94. EXHIBIT P1(A) A PRINTED READABLE COPY OF EXHIBIT P1. EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 22/03/2004. EXHIBIT P2(A) A PRINTED READABLE COPY OF EXHIBIT P2. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 14/11/2018 ISSUED BY THE REGISTRAR OF SOCIETIES TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR REGISTRATION DATED 30/09/2020 SUBMITTED BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE INSPECTOR OF WAKF IN RESPECT OF EXHIBIT P4 APPLICATION.

Muneerul Anam Sangham Akkode (South) v. the Kerala State Wakf Board

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Muneerul Anam Sangham Akkode (South) v. the Kerala State Wakf Board

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