Dismissed
M.Ummer (Madhuvai) v. State of Kerala
Kerala HCWP(C)/28439/2014
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT…
What the court decided
AI extract
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 VIJU ABRAHAM WEDNESDAY, THE 16th DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 WP(C) NO. 28439 OF 2014
PETITIONER:
M.UMMER (MADHUVAI) SECRETARY, PRATHIKARANAVEDI, KODIMARATHINGAL, KONDOTTY, MALAPPURAM DISTRICT.
BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SMT.DEEPA NARAYANAN SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON
RESPONDENT:
STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY ADVS. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL
OTHER PRESENT:
SMT.SHEEBA.G, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Civil). No.28439 of 2014 2
VIJU ABRAHAM, J.
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W.P.(Civil). No.28439 of 2014
...............................................................
Dated this the 16th day of February, 2022
JUDGMENT
The above writ petition is filed seeking a direction to the respondent to appoint a Government nominee to the Kerala State Wakf Board as provided in Section 14 (1) (e) of the Wakf Act 1995. It is contended by the petitioner that
while the Government established the Kerala State Wakf Board as is evident from Exhibit P3 gazette notification dated 20.10.2014, no Government nominee
was appointed and therefore the establishment of the Board is against the provisions of the Act. It is seen that the Board was constituted on 20.10.2014 and therefore the term of the Board constituted as per Exhibit P3 notification is already over, going by the mandate of Section 15 of the Act that the term of the Board will be for a period of 5 years. In the said circumstance, the petitioner prayed for closing the writ petition with liberty to the petitioner to agitate his grievances if any. Recording the said request, the above writ petition is closed. It goes without saying that the petitioner will be at liberty to agitate the matter afresh if any such grievance arises in the future.
sd/-
VIJU ABRAHAM, JUDGE
pm
W.P.(Civil). No.28439 of 2014 3
APPENDIX OF WP(C) 28439/2014
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF THE ORDER OF THE KERALA STATE WAKF BOARD DATED 13/8/2013
EXHIBIT P2 COPY OF THE JUDGMENT IN WPC NO.20788/2014 DATED 25/9/2014
EXHIBIT P3 COPY OF THE GAZETTE NOTIFICATION DATED 20/10/2014
2 issues framed by the court
Whether to grant stay of operation of the impugned order during the pendency of the writ petition.
Whether the writ petition regarding the appointment of Government nominee to the Kerala State Wakf Board requires adjudication.
2 provisions across 1 enactments
M.UMMER (MADHUVAI)
STATE OF KERALA
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court