Disposed

Mohammed Ashraf. K v. 1. Cannonnore District Muslim Educational Association (Cdmea) Rep. by Its President

Kerala HC26 Aug 2022WP(C)/19496/2022

Case brief

AI extract

What is this about?

Petitioner sought to quash Divisional Officer's order permitting construction in Wakf-leased land by educational society. Court noted availability of alternate remedy before Wakf Tribunal. Directed society to refrain from construction until Tribunal appeal concludes.

What did the court decide?

Liberty granted to petitioner to work out remedy before Wakf Tribunal; Educational Society directed not to make any construction in lis property until disposal of appeal.

Mohammed Ashraf. K Vs 1. Cannonnore District Muslim… — Property and Title | Kerala HC (2022)

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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 BASANT BALAJI

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FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944 WP(C) NO. 19496 OF 2022

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PETITIONER/S:

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MOHAMMED ASHRAF. K AGED 35 YEARS S/O ALI K.P., ASMA VILLA, C H ROAD, NEAR YATHEEMKHANA U.P.SCHOOL, TALIPARAMBA AMSOM AND DESOM, TALIPARAMBA P.O., PIN - 670141

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BY ADVS. NIRMAL.S VEENA HARI RIA ELIZABETH JOSEPH IRENE ELZA SOJI K. REMIYA RAMACHANDRAN ANJANA A. VARUN MURALEEDHARAN

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RESPONDENT/S:

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1 1. CANNONNORE DISTRICT MUSLIM EDUCATIONAL ASSOCIATION (CDMEA) REP. BY ITS PRESIDENT 1. CANNONNORE DISTRICT MUSLIM EDUCATIONAL ASSOCIATION (CDMEA) SIR SYED COLLEGE, KARIMBAM P.O., TALIPARAMBA, KANNUR, PIN - 670142

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2 THE KERALA STATE WAKF BOARD, REP. BY THE CHIEF EXECUTIVE OFFICER THE KERALA STATE WAKF BOARD OFFICE, VIP ROAD, KALOOR, ERNAKULAM ., PIN - 682017

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3 KERALA STATE WAKF BOARD DIVISIONAL OFFICER THE KERALA STATE WAKF BOARD DIVISIONAL OFFICE, DISTRICT AYURVEDA HOSPITAL ROAD, THANA, KANNUR, PIN - 670012

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WP(C) NO. 19496 OF 2022

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4 TALIPARAMBA MUNCIPALITY REP. BY ITS SECRETARY MUNICIPAL OFFICE , MUNICIPAL OFFICE ROAD OR COURT ROAD, TALIPARAMBA, KERALA , PIN - 670141 5 THALIPARAMBU JUMATH PALLI REP. BY ITS PRESIDENT THALIPARAMBU JUMATH PALLI, THALIPARAMBU, KANNUR, PIN - 670141 6 ALLAMKULAM MAHAMOOD AGED 51 YEARS S/O ABDULLA, SECRETARY, CANNONNORE DISTRICT MUSLIM EDUCATIONAL ASSOCIATION (CDMEA), SIR SYED COLLEGE, KARIMBAM P.O., TALIPARAMBA, KANNUR-, PIN - 670142 BY SHRI JAMSHEED HAFIZ, STANDING COUNSEL P.A.MOHAMMED SHAH ABHILASH K.N. V.V.SURENDRAN P.A.HARISH ANUSREE.C MUNAS K.P RENOY VINCENT HELEN P.A. SHAHIR SHOWKATH ALI SUNIL NAIR PALAKKAT(K/1049/1999) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19496 OF 2022

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S.V.BHATTI & BASANT BALAJI, JJ.

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- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - WP(C) NO. 19496 OF 2022

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JUDGMENT

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(Dated this the 26^th day of August 2022)

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Basant Balaji J.,

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The petitioner, member and beneficiary of the

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Thaliparambu Jumath palli, has approached this court to quash Ext.P9 order dated 30.5.2022 of the Divisional

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Officer, Kerala State Wakf Board. A further direction was

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also sought to ensure that no structures are constructed in

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the subject matter of the property in the lis, belong to the 5^th

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respondent without prior sanction of the 2^nd respondent.

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Cannanore District Muslim Municipality the first

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respondent (for short 'CDMEA') is in possession of the

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WP(C) NO. 19496 OF 2022

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property on the basis of a registered lease deed

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No.204/1967 of District Registrar, Thalassery executed between the CDMEA and Jumath Palli for conducting a college, by name Sir Syed college, Thaliparamba. The grievance of the petitioner is that CDMEA had constructed the building and structures in the above property and is continuing construction activities without obtaining any previous sanction/approval from the Kerala State Wakf Board for constructions in the lis property.

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According to Rule 20(2) of the Wakf Properties Lease Rules, 2014, the lessee shall not build any structures of the lis properties without any approval of the Board. Rule 98(2) of the Kerala State Wakf Rules 2019 also reads that the Grama Panchayath/ Municipality or Corporation

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shall not issue permission for construction/reconstruction

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of the building in the Wakf property without prior sanction of the Board.

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The petitioner filed a complaint before the 3^rd respondent when a three storied building was being constructed by the 3^rd respondent in the lis premises. The Division Officer, by Ext.P4 order dated 27.8.2020, informed the Secretary of the Thaliparamba Municipality Corporation that no permission for construction shall be granted without prior permission from Board regarding the constructions in the leased premises by the first respondent. Ext.P5 is a notice dated 24.9.2020 by the Secretary of Thaliparamba Municipality informing that any construction activities can be done in the lis properties only after

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approval from the Wakf Board and on production of necessary documents and obtaining building permit. The first respondent filed an application before the 3^rd respondent to review the order passed by the 3^rd respondent. Thereafter, a notice was issued to the petitioner herein and he filed a detailed objection opposing the review petition. The 3^rd respondent thereafter passed Ext.P9 order dated 30.5.2022 which is impugned in this Writ Petition, reads as follows

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“In the above circumstances the Divisional

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Officer feels that there is no impediment on the side of the CDMEA in making constructions for the educational Institutions or for its amenities in the leased promises in accordance with the building rules applicable to that particular area as the Board has already granted

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permission to CDMEA by its order dated 17 September 1966. It is made clear that the buildings constructed by the CDMEA in the leased. premises as mentioned above will form part of the asset of the Jama-ath Palli and the CDMEA shall hand over the possession of the land and the buildings situated therein to the any objection. Thaliparamba Juma ath Palli on the expiry of the lease period without any claim or any objection.”

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Though the petitioner filed W.O.S No.58 of 2020,

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a suit for permanent prohibitory injunction restraining defendant Nos.1 to 3 from making any construction in the plaint schedule properties and for consequent reliefs, the plaint was returned as not maintainable. Impugning the order of the Divisional Officer, Kerala State Wakf Board, this writ petition is filed.

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From the records produced we see that the

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petitioners had already moved Wakf Tribunal impugning Ext.P9. But, it is submitted by the counsel for the petitioner as well as the respondents that though Ext.P13 order was passed returning the plaint, it was resubmitted in view of the decision reported in Rashid Wali Beg v. Farid Pindari [2021(6) KLT 482 (SC)]. In view of the matter,

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we are not inclined to interfere with Ext.P9 order of the Wakf Board since the petitioner has got an efficacious and alternate remedy by way of an appeal before the Tribunal, which he had already availed. Therefore, we are of the considered opinion that the petitioner is given liberty to work out his remedy against Ext.P9. The Wakf Tribunal shall after hearing the petitioner as well as the counsel appearing for educational institution and taking note of

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principal objections in which the Writ Petition is filed for

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final orders in accordance with law.

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Till the appeal is disposed of, we direct that the

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Educational Society shall not make any construction

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temporarily or permanently in the lis property, without

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sanction or orders from the authorities in accordance with law.

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With the above observations, this Writ petition is

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disposed of.

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S.V.BHATTI, JUDGE

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BASANT BALAJI, JUDGE

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dl/

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WP(C) NO. 19496 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE SANCTION ACCORDED TO LEASE OUT 21.53ACRES OF LAND FOR 99 YEARS AS PER THE PROCEEDING OF THE 2ND RESPONDENT DATED 17/09/1966
Exhibit P2	TRUE COPY OF LEASE DEED DATED 22/02/1967
Exhibit P3	TRUE COPY OF THE COMPLAINT NO. A4-202/CR DATED 18/08/2020
Exhibit P4	TRUE COPY OF ORDER NO. A4-202/CR DATED 27/08/2020
Exhibit P5	TRUE COPY OF THE STOP MEMO BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT NO.TP- 20938/2019 DATED 24/09/2020
Exhibit P6	TRUE COPY OF THE REVIEW PETITION FILED BY THE 1ST RESPONDENT DATED 27/04/2021 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT
Exhibit P7	TRUE COPY OF NOTICE A4-202/CR DATED 23/06/2021
Exhibit P8	TRUE COPY OF THE DETAILED COUNTER FILED BY THE PETITIONER DATED 10/08/2021
Exhibit P9	TRUE COPY OF THE ORDER NO. A6-202/CR DATED 30/05/2022
Exhibit 10	TRUE COPY OF THE COUNTER STATEMENT DATED 23/12/2020 FILED BY THE 4TH RESPONDENT IN WOS.58/2020 ON THE FILE OF THE WAKF TRIBUNAL, KOZHIKODE

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Exhibit	P11 TRUE COPY OF THE 16/11/2020 SUBMI ADVOCATE COMMISS	COMMISSION REPORT DATED TTED BY DEEPIKA NAMBIAR, IONER IN WOS.58/2020
Exhibit	P12 TRUE COPY OF THE IN I.A.902/2020	ORDER DATED 07/05/2021 IN WOS.58/2020
Exhibit	P13 TRUE COPY OF THE IN WOS.58/2020	ORDER DATED 21/10/2021

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RESPONDENT EXHIBITS

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Exhibit R5(a)	A true copy of the bye law of Taliparamba Jumath Palli Trust Committee and its english translation
Exhibit R5(b)	A true copy of the counter statement filed by the 5th respondent in A4/202/CR and its english translation
Exhibit R6(a)	The true copy of the communication issued by the Chief Town Planner to the 4th Respondent dated 14.06.2016
Exhibit R6(b)	The true copy of the letter issued by the District Town Planner dated 30.06.2020
Exhibit R6(c)	The true copy of the reply submitted by the 1st Respondent dated 03.05.2021
Exhibit R6(d)	The true copy of the letter issued by District Town Planner dated 18.10.2021

Mohammed Ashraf. K v. 1. Cannonnore District Muslim Educational Association (Cdmea) Rep. by Its President

Case brief

What is this about?

What did the court decide?

Mohammed Ashraf. K v. 1. Cannonnore District Muslim Educational Association (Cdmea) Rep. by Its President

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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