The Court disposed of the writ petition by granting liberty to the petitioner to re-submit applications appending the relevant judgment, directing the first respondent Board to consider and dispose of them within four months.
Liberty to re-submit applications within two weeks; first respondent directed to consider and dispose same within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPC No.2068 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.2068 OF 2021(G)
PETITIONER:
T.ABDUL SAMAD,AGED 75 YEARS S/O.LATE AHMED MUSLIYAR, THOTTUNGAL HOUSE, VILAYUR P.O., KARINGANAD, PALAKKAD DISTRICT-679309.
BY ADVS.
SRI.P.CHANDRASEKHAR SRI.K.K.MOHAMED RAVUF SHRI.SATHEESH V.T.
RESPONDENTS:
ROAD, KALOOR, ERNAKULAM, KOCHI-682017.
WPC No.2068 of 2021 2
6 MUHAMMED FAISE,
VICE PRESIDENT, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
VICE PRESIDENT, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
VICE PRESIDENT, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
VICE PRESIDENT, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
JOINT SECRETARY, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
JOINT SECRETARY, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
14 AMJAD P.P., JOINT SECRETARY, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
JOINT SECRETARY, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
WPC No.2068 of 2021 3
16 NOUSHAD K.V., SECRETARIAT MEMBER, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMA-MASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
17 MOIDEEN THARAKKAL, AUDITOR, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMAMASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PALAKKAD DISTRICT, KERALA-679307.
18 T.MOHAMMED MUSLIAR (MANUTTY MUSLIAR), KHASI, NIBRASUL ISLAM SANGAM, KARINGANAD, JUMAMASJID SANGAM, (WAQF BOARD REG.NO.A7 2661/RA), MANNEMNGODE P.O., PATTAMBI, PALAKKAD DISTRICT, KERALA-679307.
R1 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.2068 of 2021 4
JUDGMENT
Dated this the 11th day of February 2021
S.V.Bhatti, J.
The petitioner prays for consideration and disposal of Exts.P1 and P2 applications within reasonable time, by the first respondent Board.
this Court in Ext.P3 and argues that the first respondent Board may not consider the request in Exts.P1 ad P2 unless a writ of mandamus is issued for consideration and disposal of Exts.P1 and P2 in clear terms.
Board states that the respondent Board is alive to the judgment in Ext.P3, taking steps to do the needful and within four months the representations in Exts.P1 and P2 are considered and disposed of.
a) Petitioner is given liberty to re-submit Exts.P1 and P2 along with a copy of the judgment in the instant writ petition within two weeks from today.
b) The first respondent shall consider and dispose of Exts.P1 and P2
WPC No.2068 of 2021 5
within four months thereafter.
Writ Petition is disposed of as indicated above.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS JUDGE
css/
WPC No.2068 of 2021 6
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION NO.1381/2020 DATED 23.06.2020 FILED BY THE PETITIONER AND OTHERS BEFORE THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE INTERLOCUTORY APPLICATION IN PETITION NO.1381/2020 DATED 23.06.2020 FILED BY THE PETITIONER AND OTHERS BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 15.09.2020 IN W.P.(C)NO.19010/2020 OF THIS HONOURABLE COURT. EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT DATED 01.10.2020 OF THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE KERALA STATE WAQF BOARD REGULATIONS, 2016.
1 issue framed by the court
Whether a direction must be issued to the respondent Board to consider and dispose of specific applications within a reasonable time.
T.ABDUL SAMAD
KERALA STATE WAQF BOARD
MUHAMMED MASTER.V
Remaining Respondents
S.V. BHATTI
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
