The petitioners sought liberty to withdraw the writ petition while appealing an administrative order before the Tribunal. The High Court granted this liberty and disposed of the matter.
Liberty granted to withdraw the writ petition.
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 AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 WP(C) NO. 19827 OF 2023
PETITIONERS:
1 M. HAMZA HAJI AGED 75 YEARS S/O KUNHUMOIDU HAJI, PRESIDENT, THARBIYATHUL MUSLIMEEN SANGHAM, REGN. NO.PKD/CA/395/2012, THIRUVIZHAMKUNNU MALARIUM JUMA ATH PALLI, THIRUVIZHAMKUNNU PO, ALANELLOOR, MANNARKKAD, PALAKKAD, , RESIDING AT MADAMPARA HOUSE, THIRUVIZHAMKUNNU, MANNAKKAD, ALANELLOOR, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678601., PIN - 678601 2 O. CHEKKU AGED 65 YEARS S/O KUNJARA, GENERAL SECRETARY, THARBIYATHUL MUSLIMEEN SANGHAM, REGN. NO.PKD/CA/395/2012, THIRUVIZHAMKUNNU MALARIUM JUMA ATH PALLI, THIRUVIZHAMKUNNU PO, ALANELLOOR, MANNARKKAD, PALAKKAD , RESIDING AT OTHUKKUMPURATH, PO THIRUVIZHAMKUNNU, MANNARKKAD, PALAKKAD, PIN - 678601., PIN - 678601 BY ADV R.RAMADAS
RESPONDENTS:
1 THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI, PIN - 682017
2 THE CHIEF EXECUTIVE OFFICER THE KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682017
3 AYAMUPPA HAJI MADAMPRA, THIRUVIZHAMKUNNU PO, ALANELLOOR, PALAKKAD,, PIN - 678601
4 VEERANKUTTY MALAYIL, THIRUVIZHAMKUNNU PO, ALANELLOOR, PALAKKAD, PIN – 678601
2
WP(C) NO. 19827 OF 2023
5 HAMZA KARAKKUPAVAN, THIRUVIZHAMKUNNU PO, ALANELLOOR, PALAKKAD, PIN - 678601 6 ALI FAIZY MADAMPRA THIRUVIZHAMKUNNU PO, ALANELLOOR, PALAKKAD, PIN - 678601 BY ADV P.K.MOHAMMED PUZHAKKARA
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19827 OF 2023
3
JUDGMENT
Amit Rawal, J.
Counsel for the petitioner realising that the administrative order Ext.P3 is appealable before the Tribunal as per the provisions of Section 83(2) of the Waqf Act, seeks liberty of this court for withdrawal of the writ petition. Ordered accordingly.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab
C.S. SUDHA
JUDGE
WP(C) NO. 19827 OF 2023
4
APPENDIX OF WP(C) 19827/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION O.P. NO.138/2022 DATED 05.09.2022 FILED BY V.T. SAINUDHEEN AND 4 OTHERS BEFORE THE WAKF BOARD Exhibit P2 TRUE COPY OF THE DETAILED OBJECTION FILED BY THE PETITIONERS HEREIN DATED 30.11.2022 IN O.P. NO.138/2022 BEFORE THE WAKF BOARD
| RESPONDENT EXHIBITS | |
|---|---|
| Exhibit R6(a) | True copy of Waqf Deed No.2513/1975 dated 18.5.1975. |
| PETITIONER EXHIBITS | |
| Exhibit P3 | TRUE COPY OF THE ORDER DATED 23.05.2023 PASSED BY THE WAKF BOARD ON THE ADMINISTRATIVE SIDE |
| RESPONDENT EXHIBITS | |
| Exhibit R6(b) | True copy of Application form for registering waqf dated 20.9.2014. |
| Exhibit R6(d) | True copy of the Order in OP No. 112/2017 dated 5/7/2022 of Kerala State Waqf Board. |
| Exhibit R6(e) | The true copy of the Report of the Waqf Divisional Officer, Manjeri dated 1/12/2022. |
| Exhibit R6(f) | The true copy of the Report of the Waqf Divisional Officer, Manjeri dated 03/03/2023. |
| Exhibit R6(g) | The true copy of the Order in OP No. 112/2017 dated 02/05/2023 of Chairman, Kerala State Waqf Board. |
| Exhibit R6(c) | True copy of Registration Certificate No. PKD/CA/395/2012 dated 17/11/2012 and its Memorandum of Association. |
1 issue framed by the court
Whether the petitioner is entitled to liberty to withdraw the writ petition pending appeal before the Tribunal.
1 provisions across 1 enactments
M. HAMZA HAJI AGED 75 YEARS S/O KUNHUMOIDU HAJI
O. CHEKKU AGED 65 YEARS S/O KUNJARA
THE KERALA STATE WAKF BOARD
AYAMUPPA HAJI MADAMPRA
HAMZA KARAKKUPAVAN
ALI FAIZY MADAMPRA
AMIT RAWAL
C.S. SUDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
