Disposed

Haneefa v. State of Kerala

Kerala HC25 Mar 2024WP(C)/8053/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking issuance of Patta certificates. The court directed the 3rd respondent, Land Tribunal, to dispose of the pending Summary Matter (SM 1081/2022) within three months, ensuring the Waqf Board is impleaded and heard regarding jurisdictional claims.

What did the court decide?

Orders the 3rd respondent Land Tribunal to dispose of SM No.1081/2022 within three months, after hearing petitioners and Waqf Board.

Haneefa Vs State of Kerala — Kerala HC (2024) — LawSathi Research

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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 VIJU ABRAHAM

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MONDAY, THE 25^TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946

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WP(C) NO. 8053 OF 2023

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PETITIONERS:

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1 HANEEFA AGED 66 YEARS S/O MAKKAR, PUZHANKARAILLATH HOUSE, KAIPAMANGALAM DESOM& VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. PIN 680 681., PIN - 680681 2 ABBAS AGED 64 YEARS S/O MAKKAR, PUZHANKARAILLATH HOUSE, KAIPAMANGALAM DESOM& VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680681

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BY ADV RAJESH CHAKYAT

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRATERY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR THRISSUR , CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 THE DEPUTY COLLECTOR/SPECIAL THASILDAR LAND REFORMS AND LAND TRIBUNAL IRINJALAKUDA, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121 4 THE THASILDAR KODUNGALLUR TALUK OFFICE, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680664 5 THE VILLAGE OFFICER KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680681 6 ADDL.R6: KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI PIN - 682017 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ADDL.R6 IS IMPLEADED AS PER ORDER DATED 22.03.2023 IN IA NO.1/2023. BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD

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OTHER PRESENT:

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GP - DEEPA V

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

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25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No.8053 of 2023

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: 2 :

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VIJU ABRAHAM, J.

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- - - - W.P.(C) No.8053 of 2023

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- - - - Dated this the 25^th day of March, 2024

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JUDGMENT

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The petitioners have approached this Court seeking a direction to the 3^rd respondent to consider SM No.1081/2022, pending before the Land Tribunal, Irinjalakkuda and to issue Patta(Purchase Certificate) to the petitioners.

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It is averred that the petitioners obtained 9.75 cents of land in Sy. No.306/3 of Kaipamangalam Village by way of partition of their family property as per Ext.P1. The petitioners decided to sell the property as the 1^st petitioner has to undergo a surgery and had to raise money for the same. Thereupon the petitioners came to know that patta has not been issued in respect of the property. Accordingly Ext.P2 application was submitted for the issuance of patta, which is stated to be pending consideration before the 3^rd respondent. It is further contended that the 3^rd respondent has considered the application for the issuance of patta and all the formalities were completed including obtaining report of the Village Officer. But no orders have been passed for the reason that C.R.P. No.318/2014 and connected cases are pending consideration

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W.P.(C). No.8053 of 2023

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: 3 :

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and till a decision is taken on the said proceedings, the application cannot be considered. The petitioners submit that because of Ext.P5 letter submitted by the additional 6^th respondent that further proceedings have not been initiated.

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The learned Government Pleader on the basis of the counter affidavit filed by the 3^rd respondent would submit that it is on the basis of Ext.P5 letter issued by the additional 6^th respondent intimating that C.R.P.No.318/2014 and connected cases are pending consideration for cancellation of the allowed patta as per S.M.No.1081/2022, the application submitted by the petitioners has not been considered.

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The petitioner also relies on Ext.P7 document which is issued by the Kerala State Waqf Board, wherein it is stated that the subject properties are not in their ownership. But the learned counsel for the Waqf Board on the basis of the counter affidavit filed submits that the Waqf Board has sufficient documents/records to substantiate their claim. The learned counsel also relying on Section 85 of the Kerala Waqf Act, 1995 would submit that therei is bar of jurisdiction of civil courts, revenue court or any other authority dealing with any waqf, waqf property other than the tribunal constituted in this regard.

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W.P.(C). No.8053 of 2023

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: 4 :

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Whatever that be, going by the contentions of the petitioners, SLNo.474/2022(SM 1081/2022) is now pending consideration before the 3^rd respondent Land Tribunal. Therefore, the above writ petition is disposed of with a direction to the 3^rd respondent to dispose of SLNo.474/2022(SM 1081/2022) in accordance with law at any rate, within an outer limit of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners and the additional 6^th respondent. The petitioners submit that an application to implead the additional 6^th respondent in the said proceedings will be filed. The contentions of the petitioners and the additional 6^th respondent shall be duly adverted to by the 3^rd respondent while finalising the above said proceedings, especially the contention raised on the basis of Section 85 of the Kerala Waqf Act.

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Sd/- VIJU ABRAHAM JUDGE

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sm/

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: 5 :

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W.P.(C). No.8053 of 2023

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APPENDIX OF WP(C) 8053/2023

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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PARTITION DEED DATED 28.05.2022 Exhibit P2 A TRUE RECEIPT ISSUED FROM THE 3RD RESPONDENT OFFICE DATED 21.10.2022 Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DECLARING THE POSSESSION OF THE PROPERTY Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 21.10.2022 Exhibit P5 A TRUE COPY OF THE LETTER DATED 26.11.2022 OF DIVISIONAL WAKF OFFICER, THRISSUR Exhibit P6 A true copy of the sale deed dated 10.08.1959 Exhibit P7 A true copy of the application and it s reply by the waqf Board dated 29.08.2017

Haneefa v. State of Kerala

Case brief

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What did the court decide?

Haneefa v. State of Kerala

Case brief

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