Dismissed

T.K.M Trust @ T.K.M College v. Noushad

Kerala HC4 Jun 2024CRP/493/2011

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging an interlocutory order of the Waqf Tribunal. Finding that the underlying suit was dismissed for default in 2023, the Court held there was no case to answer and set aside an interim stay order that had been active for over a decade.

What did the court decide?

The Civil Revision Petition is dismissed; the interim stay order is vacated.

T.K.M Trust @ T.K.M College Vs Noushad — Company and Corporate | Kerala HC (2024)

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C.R.P.No.493 of 2011

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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C.R.P.NO.493OF 2011

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AGAINST THE ORDER DATED 12.10.2011 OF THE WAQK TRIBUNAL,

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KOLLAM IN I.A.NO.121 OF 2010 IN O.S.NO.6 OF 2010

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REVISION PETITIONERS/PETITIONERS/DEFENDANTS 1 AND 3:

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1 T.K.M TRUST @ T.K.M COLLEGE TRUST, KILIKOLLOOR, KOLLAM, REPRESENTED BY ITS PRESIDENT 3RD DEFENDANT, T.K.SHAHAL HASSAN MUSALIAR, AGED 77 YEARS, S/O.LATE THANGAL KUNJU MUSALIAR, RESIDING AT BELAIRE, KILIKOLLOOR, KOLLAM

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2 T.K.SHAHAL HASSAN MUSALIAR, AGED 77 YEARS, S/O.LATE THANGAL KUNJU MUSALIAR, PRESIDENT AND TRUSTEE, T.K.M.TRUST @ T.K.M.COLLEGE TRUST, KILIKOLLOOR, KOLLAM, RESIDING AT BELAIRE, KILIKOLLOOR, KOLLAM.

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BY ADVS.

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SRI.GEORGE POONTHOTTAM
SMT.NISHA GEORGE
SRI.T.R.RAVI

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RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 AND 4:

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1 NOUSHAD, AGED 34 YEARS, S/O.ALIYARUKUNJU, RESIDING AT C.R.A. 134, CANTONMENT (SOUTH), KOLLAM EAST VILLAGE, KOLLAM TALUK, KOLLAM - 697001.

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2 T.K.KAMALUDEEN MUSALIAR, AGED 70 YEARS S/O.LATE THANGAL KUNJU MUSALIAR, TRUSTEE, T.K.M.TRUST @ T.K.M.COLLEGE TRUST, KILIKOLLOOR, KOLLAM, RESIDING AT SITARA,

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C.R.P.No.493 of 2011

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ASRAMAM,KOLLAM - 697001.

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3 KERALA WAKF BOARD, REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER, OFFICE OF THE WAKF
BOARD, VIP ROAD, KALOOR, ERNAKULAM-682017.

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BY ADVS.
SRI.ANIL XAVIER
SMT.K.INDU POURNAMI
SRI.A.MOHAMED MUSTAQUE
SRI.M.RISHIKESH SHENOY
SRI.M.SHAHEED AHMAD
SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD

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OTHER PRESENT:

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SRI. JAMSHEED HAFIZ, SC WAQF BOARD

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THIS CIVIL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

C.R.P.No.493 of 2011

ORDER

Anil K. Narendran, J.

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Defendants 1 and 3 in O.S.No.6 of 2010 on the file of the Waqf Tribunal, Kollam have filed this Civil Revision Petition, under the proviso to Section 83 of the Waqf Act, 1995, seeking an order to set aside the order dated 12.10.2011 of that Tribunal in I.A.No.121 of 2010 in that suit. That interlocutory application was one filed by defendants 1 and 3 with a prayer to hear the maintainability of O.S.No.6 of 2010 as a preliminary issue.

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By the impugned order, the Waqf Tribunal dismissed that interlocutory application on the ground that the issue as to whether the 1^st defendant is a Waqf or not can be decided only after taking evidence. The issue of jurisdiction of the Tribunal cannot be resolved without ascertaining the facts, after recording evidence.

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On 11.11.2011, when this Civil Revision Petition came up for admission, this Court issued notice to respondents by special messenger. In I.A.No.2583 of 2011, this Court granted an interim stay of further proceedings in O.S.No.6 of 2010 on the file of the Waqf Tribunal, Kollam for a period of one week. The said

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C.R.P.No.493 of 2011

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interim order, which was extended from time to time, was extended until further orders on 24.07.2012.

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On 03.06.2024, when this matter came up for consideration, Registry was directed to get telephonic instructions from the Wakf Tribunal, Kozhikode as to whether O.S.No.6 of 2010 originally filed before the Waqf Tribunal, Kollam has already been disposed of. When the matter was taken up again at 2.00 p.m., Registry was informed telephonically from the Waqf Tribunal, Kozhikode that the files in O.S.No.6 of 2010 have not been received from the Waqf Tribunal, Kollam.

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Today, when this matter is taken up for consideration, the learned counsel for the petitioners, on instructions, would submit that O.S.No.6 of 2010 originally filed before the Waqf Tribunal, Kollam, which was later renumbered as O.S.No.341 of 2019 before the Waqf Tribunal, Kozhikode, was dismissed for default on 03.08.2023.

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The learned Standing Counsel for the State Waqf Board would submit that the Trustee Board of the T.K.M. Trust @ T.K.M. College Trust has already been reconstituted with a member from the Kerala State Waqf Board.

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C.R.P.No.493 of 2011

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The main relief sought for in O.S.No.6 of 2010, which was originally filed before the Waqf Tribunal, Kollam, was a mandatory injunction to constitute the Trustee Board of T.K.M. Trust @ T.K.M. College Trust with a member of the Kerala State Waqf Board, before making admission under the management quota and appointments in the colleges and other institutions under the management of the Trust.

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In such circumstances, based on the aforesaid submissions made by the learned counsel for the petitioners and the learned Standing Counsel for the State Waqf Board, this Civil Revision Petition is dismissed. Consequently, the interim order granted on 11.11.2011, which was extended until 24.07.2012 will stand vacated.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/HARISANKAR V. MENON, JUDGE

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MIN

T.K.M Trust @ T.K.M College v. Noushad

Case brief

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T.K.M Trust @ T.K.M College v. Noushad

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