Allowed

Muhammed Basheer, v. Kerala State Wakf Board

Kerala HC20 Nov 2023WP(C)/17392/2022

Case brief

AI extract

What is this about?

The Court granted liberty to the petitioners to file an appeal under Section 83(2) of the Waqf Act before the Tribunal, provided the appeal is filed within two weeks, exempting the objection regarding limitation. Second Respondent's Exhibit P8 is noted as appealable.

What did the court decide?

Liberty to file an appeal before the Tribunal under Section 83(2) of the Waqf Act within two weeks without limitation objection.

Muhammed Basheer, Vs Kerala State Wakf Board — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 20^TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945 WP(C) NO. 17392 OF 2022

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PETITIONERS:

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1 MUHAMMED BASHEER, AGED 42 YEARS S/O. HAMSA, THAIVALAPPIL HOUSE, P.O. VALAKKULAM, TIRURANVADI, MALAPPURAM-676508.

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2 ABDU RAHMAN, AGED 37 YEARS S/O. MARAKKARUTTY, KARUVANTHODI HOUSE, P.O. VALAKKULAM, TIRURANVADI, MALAPPURAM-676508. 3 ABDU RAHIMAN, AGED 42 YEARS S/O. HUDROSE, PAREDATH HOUSE, P.O. VALAKKULAM, TIRURANVADI, MALAPPURAM-676508. 4 MOOSA KARUTHEMATTIL, AGED 46 YEARS S/O. MUHAMMED KUTTY, KARUTHEMATTIL HOUSE, P.O. VALAKKULAM, TIRURANVADI, MALAPPURAM-676508. 5 FIROZ KHAN, AGED 34 YEARS S/O. HYDER, VADIPPURAKKAL HOUSE, P.O. VALAKKULAM, TIRURANVADI, MALAPPURAM-676508. BY ADVS. T.P.SAJID SHIFA LATHEEF MUHAMMED HAROON A.N. SAFWAN K.

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RESPONDENTS:

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1 KERALA STATE WAKF BOARD, REPRESENTED ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI682017.

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2 THE CHIEF EXECUTIVE OFFICER KERALA STATE WAKF BOAD, VIP ROAD, KALOOR, KOCHI-682017. 3 THE DIVISIONAL OFFICER, WAKF BOARD REGIONAL OFFICE, KSEB BUILDING, KOZHIKODE ROAD, MANJERI, MALAPPURAM-676121.

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WP(C) NO. 17392 OF 2022

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4 KHUDAMUL ISLAM SANGHAM, REPRESENTED BY ITS SECRETARY, P.O. VALAKKULAM, TIRURANGADI, MALAPPURAM-676508.

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5 ABDU RAHMAN, S/O MUHAMMED , PAREDATH HOUSE, SECRETARY, HIDAYATHUL ATHFAL SUNNI MADRASSA CO.P.O, VALAKKULAM, TIRURANGADI, MALAPPURAM-676 508.

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6 ABU RAHMAN, S/O KUNJAMMAD HAJI, VARIKKOTTIL HOUSE, PRESIDENT,HIDAYATHUL ATHFAL SUNNI MADRASSA CO.P.O, VALAKKULAM, TIRURANGADI, MALAPPURAM-676 508.

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7 ABDURASAKH EDAKKANDATHIL, S/O BEERAN KUTTY HAJI, PRESIDING, HIDAYATHUL ATHFAL SUNNI MADRASSA CO.P.O, VALAKKULAM, TIRURANGADI, MALAPPURAM-676 508.

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8 ABDURASHEED, AGED 48 YEARS S/O MOITHU HAJI, KOMBANEZHUTH HOUSE, SECRETARY, HIDAYATHUL ATHFAL SUNNI MADRASSA CO.P.O, VALAKKULAM, TIRURANGADI, MALAPPURAM-676 508.

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9 THE SECRETARY ( SOUGHT TO BE IMPLEADED ) THE SECRETARY, THENNALA GRAMA PANCHAYAT, PO VAZHAKULAM, MALAPPURAM DISTRICT ( SOUGHT TO BE IMPLEADED )

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BY ADVS. N.ANAND JOE KALLIATH No Advocate N.KRISHNA PRASAD

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OTHER PRESENT:

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SRI JAMSHEED HAFIZ SC WAQF

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17392 OF 2022

JUDGMENT

Amit Rawal, J.

Order Ext.P8 of the Waqf Board is concededly appealable under Section 83(2) of the Waqf Act before the Tribunal. Faced with the situation, counsel for the petitioner seeks liberty of this Court for availing the remedy of appeal, in accordance with law. Ordered accordingly. In case the remedy of appeal is filed within a period of two weeks from today, the objection qua limitation shall not taken.

SD/-

AMIT RAWAL

JUDGE

SD/-

sab

C.S. SUDHA

JUDGE

WP(C) NO. 17392 OF 2022

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APPENDIX OF WP(C) 17392/2022

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PETITIONER EXHIBITS
Exhibit P1	TRUE COPY OF THE NOTE DATED NIL SUBMITTED BY THE 2ND RESPONDENT.
Exhibit P2	TRUE COPY OF THE DECISION DATED 27/05/2020 OF THE WAKF BOARD.
Exhibit P3	TRUE COPY OF THE LETTER DATED 02/06/2020 ISSUED BY THE CHIEF EXECUTIVE OFFICER TO THE DIVISIONAL OFFICER, WAKF BOARD, MALAPPURAM.
Exhibit P4	TRUE COPY OF THE ORDER BEARING NO. A7/2312/CR DATED 05/06/2020.
Exhibit P5	TRUE COPY OF THE JUDGMENT DATED 14/01/2021 IN PASSED BY THIS HON'BLE COURT IN WPC NO. 11790/2020.
Exhibit P6	TRUE COPY OF THE JUDGMENT DATED 25/02/2011 IN A.S. NO.4/2010 PASSED BY THE SUB COURT, MANJERI.
Exhibit P7	TRUE COPY OF THE SETTLEMENT PLAN.
Exhibit P8	TRUE COPY OF THE ORDER DATED 25/04/2022 IN OP NO.197/2014 PASSED BY THE WAKF BOARD.
Exhibit P9	TRUE COPY OF THE NOTICE DATED 07/05/2022 ISSUED BY THE WAKF BOARD TO THE PETITIONERS.
RESPONDENT EXHIBITS
Exhibit R5 A	TRUE COPY OF THE ORDER DATED 25/02/2011
Exhibit R5 B	TRUE COPY OF THE TERMS OF COMPROMISE DATED 25/02/2011 PRODUCED BEFORE THE HON'BLE SUB COURT, MANJERI
Exhibit R5 C	TRUE COPY OF COUNTER AFFIDAVIT FILED BY THESE RESPONDENTS IN WRIT PETITION NO.11790/2020 DATED 9/9/2020
Exhibit R 5 D	TRUE COPY OF THE PRESENT STATE OF THE BUILDING PHOTOGRAPHS

Muhammed Basheer, v. Kerala State Wakf Board

Case brief

What is this about?

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Muhammed Basheer, v. Kerala State Wakf Board

Case brief

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