Dismissed

Muhammed Thoyyib Ahsani Odakkal v. the Kerala State Wakf Board

Kerala HC20 Jun 2023WP(C)/20034/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Wakf Board to dispose of the petitioner's complaint within three months after hearing all concerned parties. Pending this disposal, the court stayed proceedings regarding the reregistration and distribution of Wakf properties.

What did the court decide?

Proceedings for reregistration and distribution kept in abeyance; petition directed to be disposed within 3 months after hearing.

Muhammed Thoyyib Ahsani Odakkal Vs the Kerala… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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TUESDAY, THE 20^TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

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WP(C) NO. 20034 OF 2023

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PETITIONER:

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MUHAMMED THOYYIB AHSANI ODAKKAL, AGED 47 YEARS, S/O ODAKKAL ALI HASSAN, THOYYIB MAHAL, MUTHAVALLI, ODAKKAL KUNHAMMED MUSLIAR WAKF IRINGALLOOR, VENGARA, MALAPURAM ., PIN – 676 304

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BY ADV M.KRISHNAKUMAR

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RESPONDENTS:

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1 THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI ., PIN - 682017

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2 K.K.VEERANKUTTY, AGED 72 YEARS, S/O CHEKKUTTY. KALLITATT KOYISSERI, MANALIPPUZHA, OZHUR, OMACHAPPUZHA,PO, MALAPPURAM DISTRICT ., PIN – 676 320

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ADV. JAMSHEED HAFIZ SC WAKF BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20034 OF 2023

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..2..

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J U D G M E N T

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A. Muhamed Mustaque, J.

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The petitioner claims that he is the muthawalli of Odakkal Kunhammed Musliar WAKF which is registered before the Kerala State WAKF Board. It is submitted that the property that belongs to the above WAKF is also registered with the WAKF Board. The petitioner approached the WAKF Board with Ext.P1 complaint. The complaint was raised at the juncture when the WAKF Board had initiated proceedings to re-register the property and distribute among different committees.

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According to the learned counsel for the petitioner, the proceeding has now been initiated by the WAKF Board without hearing the muthawalli and without adverting to the objections.

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Having considered the facts and circumstances, we are of the view that the WAKF Board shall take up Ex.P1 complaint and dispose it of, after hearing all these concerned including the petitioner and the affected parties within a period of three months.

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WP(C) NO. 20034 OF 2023

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Till then, all the proceedings related to reregistration and distribution of the properties based on the inquiry report dated 20.02.2023, submitted by the WAKF Inspector, be kept in abeyance.

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This original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS

JUDGE

WP(C) NO. 20034 OF 2023

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PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE KERALA STATE WAKF BOARD ON 12-04-2023

Muhammed Thoyyib Ahsani Odakkal v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Muhammed Thoyyib Ahsani Odakkal v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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