Two civil contempt cases were closed and dismissed by the High Court of Kerala as the substantive matter regarding the appointment of an interim mutawalli by the State Wakf Board could not be considered in contempt proceedings.
Contempt cases closed with the matter left for appropriate proceedings.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
CON.CASE(C) NO. 858 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 3539/2022 OF HIGH COURT OF
KERALA
PETITIONER/S:
K.S. ALIYAR
AGED 63 YEARS
S/O. SULAIMAN, KALLUNGAL HOUSE, PALLIKKARA, KUMARAPURAM
P.O., ERNAKULAM DISTRICT, PRESIDENT, PALLIKKARA MUSLIM
JAMA-ATH, PALLIKKARA JAMA -ATH PALLI, PALLIKKARA,
ERNAKULAM DISTRICT, PIN - 683565
BY ADVS.
AJITH VISWANATHAN
SHIBU JOSEPH
RESPONDENTS:
P.K ABOOBACKER
POOVATHUM VEETTIL HOUSE, PALLIKKARA, ERNAKULAM
DISTRICT, MUTHUVALLY (KAIKARAN) OF PALLIKKARA MUSLIM
JAMA-ATH, PALLIKKARA JAMA -ATH PALLI, PALLIKKARA,
ERNAKULAM, PIN - 683565
BY ADV P.B.KRISHNAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.07.2023, ALONG WITH Con.Case(C).2601/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
& 2601/2022]
2
[Con.Case(C) Nos.858/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
CON.CASE(C) NO. 2601 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 3539/2022 OF HIGH COURT OF
KERALA
PETITIONER:
P.K.ABOOBACKER
AGED 49 YEARS
S/O. KOCHUNNI, POOVATHUM VEETTIL HOUSE, PALLIKKARA,
ERNAKULAM DISTRICT, MUTHAVALLY (KAIKARAN) OF PALLIKKARA
MUSLIM JAMA-ATH (PALLIKKARA JAMA-ATH PALLI),
PALLIKKARA, ERNAKULAM DISTRICT - 683 565.
BY ADVS.
P.B.SUBRAMANYAN
P.B.KRISHNAN
SABU GEORGE
MANU VYASAN PETER
B.ANUSREE
MEERA P.
RESPONDENT:
ALIYAR K.S
AGED 63 YEARS
S/O. SULAIMAN, AGED 63, KALLUNGAL HOUSE, PALLIKKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.,
BY ADV AJITH VISWANATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.07.2023, ALONG WITH Con.Case(C).858/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[Con.Case(C) Nos.858/2023
& 2601/2022]
3
JUDGMENT
[Con.Case(C) Nos.858/2023 & 2601/2022]
Dated this the 5th day of July, 2023
It is submitted by the learned counsel appearing on either side that an order has been passed by the Kerala State Wakf Board on 9/5/2023 appointing an interim mutawalli for the Wakf.
In the above factual situation, I am of the opinion that the matter cannot be considered in these Contempt of Court Cases. These contempt of Court cases are accordingly closed.
Sd/-
ANU SIVARAMAN JUDGE
ska
[Con.Case(C) Nos.858/2023
& 2601/2022]
4
APPENDIX OF CON.CASE(C) 858/2023
PETITIONE |
R ANNEXURES |
|
|---|---|---|
Annexure |
A 1 |
CERTIFIED COPY OF THE INTERIM ORDER DATED 04-02-2022 |
Annexure |
A 2 |
TRUE PHOTOSTAT COPY OF THE ORDER DATED 09-03-2022 PASSED BY THIS HON'BLE COURT IN W.P ©NO. 3496 OF 2022 |
Annexure |
A 3 |
TRUE COPY OF THE REPORT SUBMITTED BY THEAUDITOR TO THE CHIEF EXECUTIVE OFFIC ER OFKERALA WAKF BOARD DATED 24-02-2022 |
Annexure |
A 4 |
TRUE PHOTOSTAT COPY OF THE REQUEST DATED 08-05-2022 |
Annexure |
A 5 |
TRUE PHOTOSTAT COPY OF THE REQUEST DATED 24-05-2022 |
Annexure |
A 6 |
TRUE PHOTOSTAT COPY OF THE ORDER PASSED BYTHE WAKF TRIBUNAL IN I.A NO. 74 OF 2022 INW.O.S NO. 12 OF 2012 |
Annexure |
A 7 |
TRUE COPY OF THE ORDER PASSED BY THE WAKFTRIBUNAL IN I.A NO. 105 OF 2022 IN W.O.S NO.22 OF 2012 |
Annexure |
A 8 |
TRUE COPY OF JUDGMENT OF THIS HON'BLE COURTIN O.P (WAKF) NO.13 OF 2022 |
Annexure |
A 9 |
TRUE COPY OF THE JUDGMENT OF THIS HON'BLECOURT IN CRP (WAKF) NO. 27 OF 2022 |
Annexure |
A 10 |
TRUE COPY OF THE INTERIM ORDER IN I.A NO. 220OF 2022 IN OP NO. 176 OF 2022 DATED 17-11-2022 PASSED BY THE WAQF BOARD |
[Con.Case(C) Nos.858/2023
& 2601/2022]
5
APPENDIX OF CON.CASE(C) 2601/2022
PETITIONER ANNEXURES |
|
|---|---|
Annexure A |
CERTIFIED COPY OF THE INTERIM ORDER IN W.P.(C) NO.3539 OF 2022 OF THIS HON'BLE COURT,DATED 04-02-2022 |
Annexure B |
TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO.3539 OF 2022 OF THIS HON'BLE COURT, DATED9-3-2022 |
Annexure C |
TRUE COPY OF THE ADMISSION CARD OF PALLIKKARAMUSLIM JUMA - ATH, DATED NIL |
Annexure D |
TRUE COPY OF THE RECEIPTS ISSUED BY THEPALLIKKARA JUMA- ATH MUSLIM PALLY, DATED 16-12-2022 |
Annexure E |
TRUE COPY OF THE NOTICE ISSUED BY THEPALLIKKARA MUSLIM JUMA- ATH, DATED 20-10-2022 |
Annexure F |
TRUE COPY OF THE NOTICE ISSUED BY THERETURNING OFFICER, DATED 16-11-2022 |
RESPONDENT ANNEXURES |
|
Aneexure R 1 |
True copy of the report submitted by theauditor to the Chief Executive Officer ofKerala Wakaf Board dated 24-02-2022 |
PETITIONER ANNEXURES |
|
Annexure G |
TRUE COPY OF THE INTERIM ORDER IN I.A.NO.220OF 2022 IN O.P.NO.176 OF 2022 ON THE FILE OFTHE KERALA STATE WAKF BOARD |
RESPONDENT ANNEXURES |
|
Aneexure 2 A |
true photostat copy of the request dated 24-05-2022 |
Aneexure R 6 |
true copy of the judgment of this Hon'bleCourt in CRP (Wakaf) No. 27 pf 2022 |
Aneexure R 4 |
true copy of the order passed by the WakafTribunal in I.A No. 105 of 2022 in W.O.S No.22 of 2022 |
Aneexure R 5 |
true copy of judgment of this Hon'ble Courtin O.P (Wakaf) No.13 of 2022 |
Aneexure R 2 |
true photostat copy of the request dated 08-05-2022 |
Aneexure R 3 |
True photostat copy of the order passed bythe Wakaf Tribunal in I.A No. 74 of 2022 inW.O.S No. 12 of 2022 |
PETITIONER ANNEXURES |
|
Annexure H |
TRUE COPY OF THE NOTICE ISSUED BY THE |
[Con.Case(C) Nos.858/2023
6
& 2601/2022]
RESPONDENT 14-1-2023
Annexure ITRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE RESPONDENT DATED 5-2-2023
Annexure JTRUE COPY OF THE NOTICE PUBLISHED BY THE
RESPONDENT DATED NIL.
K.S. Aliyar
P.K Aboobacker
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court