The Kerala High Court dismissed a writ petition filed by the Manjali Muslim Jama Ath Committee. The petitioner sought indulgence to withdraw the petition, which the court granted, resulting in the dismissal of the appeal as withdrawn no substantive legal principles were laid down.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 24320 OF 2022
PETITIONER/S:
1MANJALI MUSLIM JAMA ATH COMMITTEE,
MANJALI, MANNAM P.O., NORTH PARAVUR
REPRESENTED BY ITS PRESIDENT
T.M. ABDUL JABBAR, AGED 70 YEARS
S/O. MUHAMMED, THAREPPARAMBIL HOUSE
MANJALI, MANNAM. P.O., NORTH PARAVUR
ERNAKULAM DISTRICT, PIN - 683520
2GENERAL SECRETARY, MANJALI MUSLIM JAMA-ATH COMMITTEE,
MANJALI, MANNAM P.O., NORTH PARAVUR
A.B. ABDUL KHADER, AGED 70 YEARS
S/O. BAVAKUNJU, ANJUPARAMBIL HOUSE
MANJALI, MANNAM. P.O., NORTH PARAVUR
ERNAKULAM DISTRICT, PIN - 683520
BY ADVS.
M.S.UNNIKRISHNAN
M.ARDRA KRISHNAN
KRISHNENDU.D
ALEENA MARIA JOSE
RESPONDENT/S:
1KERALA STATE WAKF BOARD
VIP ROAD, KALOOR, KOCHI 17,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 682017
2K K YOONUS
ADMINISTRATOR, RETD. B.D.O, KURUDAMPARAMBIL HOUSE,
KOTTAPPURAM, ALANGAD P O, PIN - 683511
3M A NAZAR
M.A.NAZAR, S/O. K.K. AHAMED
MANALIL VEEDU, MANJALY
MANNAM. P.O., NORTH PARAVUR
WP(C) NO. 24320 OF 2022
2
ERNAKULAM DISTRICT , PIN - 683 520
BY ADV JAMSHEED HAFIZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24320 OF 2022
3
J U D G M E N T Dated this the 10th day of August, 2022
S.V. BHATTI, J.
The learned counsel for the petitioner submits that he does not press the prayer and seeks indulgence of the Court to withdraw the writ petition. Hence, the writ petition is dismissed as withdrawn.
Sd/-
S.V. BHATTI, JUDGE
Sd/-
BASANT BALAJI JUDGE
LU
WP(C) NO. 24320 OF 2022
4
APPENDIX OF WP(C) 24320/2022
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE REGISTRATION OF MANJALI
IRSHADU ANAM ASSOCIATION DATED 4.11.1961
EXHIBIT P2TRUE COPY OF O.P. NO. 8 OF 2020 DATED 23RD
JANUARY, 2020 OF THE 1ST RESPONDENT
EXHIBIT P3TRUE COPY THE ORDER DATED 19.8.2013 IN O.P.
NO. 40 OF 2010 OF THE 1ST RESPONDENT.
EXHIBIT P4TRUE COPY OF THE ORDER DATED 7.4.2017 OF THE
GOVERNMENT OF KERALA
EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 29TH JUNE,
2017 IN W.P. ( C ) NO. 14020 OF 2017 OF THIS
HON'BLE COURT
EXHIBIT P6TRUE COPY OF THE PETITION FILED AS O.P. NO.
138 OF 2017 DATED 18.12.2017 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P7TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN REPLY TO EXT. P6 DATED 7TH MAY,
2018 BEFORE THE 1ST RESPONDENT
EXHIBIT P8TRUE COPY OF THE ORDER DATED 8.5.2018 IN O.P.
NO . 138 OF 2017 OF THE 1ST RESPONDENT
EXHIBIT P9TRUE COPY OF THE JUDGEMENT DATED 4TH
DECEMBER, 2018 IN W.P. ( C) NO. 20960 OF 2018
OF THIS HON'BLE COURT
EXHIBIT P10TRUE COPY OF THE ORDER DATED 24TH JUNE, 2019
IN I.A. NO. 1 OF 2019 IN W.P. ( C) NO. 20960
OF 2018 OF THIS HON'BLE COURT
EXHIBIT P11TRUE COPY OF JUDGMENT IN CON.CASE (C) NO. 258
OF 2019 DATED 17.7.2019 OF THIS HON'BLE COURT
EXHIBIT P12TRUE COPY OF THE PETITION DATED 30.7.2019
PRODUCED BEFORE THE KARUMALOOR GRAMMA
WP(C) NO. 24320 OF 2022
5
PANCHAYATH BY THE PETITIONER
EXHIBIT P13TRUE COPY OF THE PLAN PRODUCED BEFORE THE
KARUMALOOR GRAMMA PANCHAYATH ALONG EXT. P12
PETITION BY THE PETITIONER
EXHIBIT P14TRUE COPY OF THE PETITION DATED 27.9.2019
SUBMITTED BY THE THEN SECRETARY BEFORE THE
THASILDAR, NORTH PARAVUR
EXHIBIT P15TRUE COPY OF THE PETITION DATED 1.10.2019
SUBMITTED BY THE "MANJALI MAKHAM SAMRAKSHANA
SAMITHI BEFORE THE KARUMALOOR GRAMA
PANCHAYATH
EXHIBIT P16TRUE COPY OF THE NOTICE ISSUED BY THE
KARUMALOOR GRAMA PANCHAYATH DATED 3.10.2019
TO THE PETITIONER
EXHIBIT P17TRUE COPY OF THE REPLY DATED 18.10.2019
SUBMITTED BY THE PETITIONER BEFORE THE
SECRETARY KARUMALOOR GRAMA PANCHAYATH
EXHIBIT P18TRUE COPY OF LETTER DATED 3.12.2019 SUBMITTED
BY THE PETITIONER BEFORE THE SECRETARY
KARUMALOOR GRAMA PANCHAYATH
EXHIBIT P19TRUE COPY OF LETTER DATED 16.12.2019 ISSUED
BY KARUMALOOR GRAMA PANCHAYATH TO THE
PETITIONER.
EXHIBIT P20TRUE COPY OF JUDGMENT DATED 5TH MARCH, 2020
IN W.P. ( C ) NO. 2329 OF 2020 OF THIS
HON'BLE COURT.
EXHIBIT P21TRUE COPY OF PROCEEDINGS DATED 21.1.2022
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P22TRUE COPY OF THE PROCEEDINGS ISSUED BY ADV.
MR. SAJAL DATED 15.4.2022 TO THE PETITIONER
EXHIBIT P23TRUE COPY OF REPORT SUBMITTED BY ADV.
MR.SAJAL TO THE 1ST RESPONDENT DATED
WP(C) NO. 24320 OF 2022
6
13.6.2022
EXHIBIT P24TRUE COPY OF OBJECTION SUBMITTED BY THE
PETITIONER ON 8.6.2022 BEFORE THE 1ST
RESPONDENT IN ANSWER TO EXT. P2 PETITION
EXHIBIT P25PHOTOGRAPHS SHOWING THE CONDITION OF THE
BUILDING AND THE STAGE OF THE ON-GOING
CONSTRUCTION
EXHIBIT P26TRUE COPY OF ORDER DATED 6.7.2022 ISSUED BY
THE 1ST RESPONDENT
// True Copy // PA To Judge
Manjali Muslim Jama Ath Committee
Kerala State Wakf Board
K K Younus
M A Nazar
S.V. BHATTI
Basant Balaji
As recorded by the court registry
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