Karoorkkadavu Muslim Jama-Ath, Rep. by It’S President, Jalaludheen Kunju, Vs the District Collector — Kerala HC (2025) — LawSathi Research

Karoorkkadavu Muslim Jama-Ath, Rep. by It’S President, Jalaludheen Kunju, Vs the District Collector — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions (merits not adjudicated): the competent authority under the 3rd respondent (Mynagappally Grama Panchayath) to take up the Ext.P4 application and decide it in accordance with law within one month of receipt of a copy of the judgment, after hearing the petitioners and the additional respondents 4 and 5, whose objections are to be submitted within two weeks of receipt of the judgment.

Issue for consideration

Whether the 3rd respondent panchayat (Mynagappally Grama Panchayath) must consider and decide the 1st petitioner's pending Ext.P4 application for permission to use its property as a burial ground, notwithstanding the interim order dated 10.05.2024 in W.P.(C) 16910/2024 on account of which the panchayat declined to consider the application.

Court's answer

The Ext.P5 interim order (passed in W.P.(C) 16910/2024 only because the petitioners did not then have permission to use the property as a burial ground) will not in any manner stand in the way of the Panchayat considering the 1st petitioner's application, if the property proposed to be utilized conforms to the necessary statutory requirements; the panchayat has to consider the application and take a decision in accordance with law.

Ratio / Principle

Since an application has been submitted by the petitioners, the decision can be taken by the 3rd respondent panchayat after hearing the objections of the 4th and 5th respondents.

Key takeaways

It is ordered that the competent authority under the 3rd respondent shall take up the Ext.P4 application and take a decision on it in accordance with law, after giving the 4th and 5th respondents an opportunity to submit objections within two weeks from the date of receipt of a copy of the judgment; the decision shall be taken within one month from the date of receipt of a copy of the judgment, after hearing the petitioners as well as the additional respondents 4 and 5.ratio¶¶46

Detailed headnote1 paragraphs

Disposed of (by directions only) WP(C) 41952/2024 — Karoorkkadavu Muslim Jama-ath (rep. by its President Jalaludheen Kunju) v. District Collector, Kollam and others (High Court of Kerala at Ernakulam, Judge Ziyad Rahman A.A., 06.03.2025; 2025:KER:18906). The 1st petitioner's pending application (Ext.P4, dated 20.06.2024) to Mynagappally Grama Panchayath for permission to use its property as a burial ground was not being considered solely because of an interim order dated 10.05.2024 in W.P.(C) 16910/2024 obtained by the impleaded additional respondents 4 and 5 (North Mynagappally Muslim Jama'ath Committee, Regn. No. 8986/RA of the Kerala State Wakf Board, and Jalaludheen Kunju s/o Kochukunju). An earlier application had been rejected (Ext.P3, letter dated 08.02.2024 of the 2nd respondent) for failure to meet the statutory minimum-distance requirements, following which the petitioners purchased additional properties and erected a concrete wall. The court held that the interim order — passed only because burial permission was then absent — cannot prevent the panchayat from considering a fresh application that conforms to the necessary statutory requirements, and directed the panchayat's competent authority to decide Ext.P4 in accordance with law within one month, accepting objections of respondents 4 and 5 within two weeks and hearing all parties. No statute or precedent was cited; the merits were not adjudicated.

2025:KER:18906

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946

WP(C) NO. 41952 OF 2024

PETITIONERS:

1KAROORKKADAVU MUSLIM JAMA-ATH, REP. BY IT'S PRESIDENT,
JALALUDHEEN KUNJU,
AGED 70 YEARS

S/O. MUHAMMED KUNJU, PANAVILAYIL, NORTH MYNAGAPPALLY
P.O., KOLLAM, PIN - 690519

2JALALUDHEEN KUNJU,
AGED 70 YEARS
S/O MUHAMMED KUNJU, PANAVILAYIL, NORTH MYNAGAPPALLY
P.O., KOLLAM, PIN - 690519

BY ADVS.

P.A.ABDUL JABBAR
SHAHIM BIN AZIZ

RESPONDENTS:

1 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, KERALA, PIN - 691013

2 THE DISTRICT MEDICAL OFFICER, 2ND FLOOR, VADDY - CIVIL STATION, RD, ANANDAVALLESWARAM, VIDYA NAGAR, KOLLAM, KERALA, PIN - 691013

3 MYNAGAPPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MYNAGAPPALLY P.O., KOLLAM, PIN - 690519

4 ADDL. R4 NORTH MYNAGAPPALLY MUSLIM JAMA'ATH COMMITTEE (REGISTRATION NO.8986/RA OF THE KERALA STATE WAKF

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BOARD) NORTH MYNAGAPPALLY (P.O.), KUNNATHOOR,
MYNAGAPPALLY, KOLLAM, 690519, REPRESENTED BY ITS
PRESIDENT JALALUDHEEN KUNJU, AGED 62, S/O
KOCHUKUNJU, JESIN VILLA, NORTH MYNAGAPPALLY
(PO), KOLLAM, PIN 690519

5ADDL. R5 MR. JALALUDHEEN KUNJU
AGED 62, S/O KOCHUKUNJU, JESIN VILLA, NORTH
MYNAGAPPALLY (PO), KOLLAM, PIN 690519 [ADDL. R4
AND R5 ARE IMPLEADED AS PER ORDER DATED 25.02.25
IN IA 2/2025 OF WP(C) 41952/24]

BY ADVS.
ADV VINOY VARGHESE KALLUMMOOTTIL
M.A.VAHEEDA BABU
BABU KARUKAPADATH
ARYA RAGHUNATH
P.LAKSHMI
AYSHA E.M.
HASHIM K.M.
M.I.INSAF MOOPPAN
RISHI VINCENT
HANIYA NAFIZA V.S.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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JUDGMENT

The 1 st petitioner is a Muslim Jama-ath, represented by its President, and the 2 nd petitioner is the President of the said Jama-ath. The grievance of the petitioners is with regard to the non-consideration of the application submitted by the 1 st petitioner for granting permission to utilise a property owned by the 1 st petitioner as a burial ground. It is pointed out that Ext.P4 application submitted by the 1 st petitioner earlier, was rejected as per Ext.P3, on the reason that, the property proposed to be utilised for the said purpose, does not conform to the statutory requirements as far as the minimum distance contemplated, is concerned.

Now the petitioners have purchased some additional properties, to address the minimum distance requirements. Thereafter, they have carried out certain additional constructions, including a concrete wall, to enable the petitioners to have certain relaxations in the rules regarding the distance. Therefore, after completing

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the said constructions, the petitioner submitted another application in the form of Ext.P4, which is now pending consideration. The case of the petitioners is that, the said application is not being considered by the 3^rd respondent panchayat, solely on the reason that, in W.P.(C) No.16910/2024, filed by the additional respondents 4 and 5, there is an interim order passed by this Court on 10.05.2024.

I have heard Sri. P. A Abdul Jabbar, learned counsel for the petitioner, Smt. Amminikutty, learned Government Pleader for the respondents 1 and 2. Sri. Vinoy Varghese, learned counsel appearing for the 3^rd respondent, and Sri. Babu Karukapadath, learned counsel appearing for the respondents 4 and 5.

Evidently, the only impediment that stands in the way of consideration of the Ext.P4 application, is the interim order passed by this Court, which is produced as Ext.P5 in the writ petition. The said fact is clearly mentioned in Ext.P6, by which the panchayat

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has intimated that, the application cannot be considered. However, as far as the Ext.P5 interim order is concerned, the same was passed by this Court, on the reason that, as of now, the petitioners do not have the permission to use the said property as a burial ground. That will not in any manner stand in the way of the Panchayat in considering the application submitted by the 1^st petitioner, if the property which is proposed to be utilized for the said purpose conforms to the necessary statutory requirements in this regard. Therefore, the panchayat has to consider the said application and take a decision in accordance with the law.

The learned counsel for the 4^th and 5^th respondents have raised serious objections against request made by the petitioners to utilise the said property as a burial ground. However, I am of the view that, since an application is submitted by the petitioners, the decision can be taken by the 3^rd respondent panchayat after hearing the objections of the 4^th and 5^th respondents as

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well. Therefore, I am inclined to dispose of this writ petition with the following directions.

Accordingly, it is ordered that, the competent authority under the 3^rd respondent shall take up Ext.P4 application submitted by the 1^st petitioner and shall take a decision on the same in accordance with law, after giving the 4^th and 5^th respondents, an opportunity to submit their objections, which shall be submitted within a period of two weeks from the date of receipt of copy of the judgment. The decision shall be taken within a period of one month from the date of receipt of a copy of this judgment after hearing the petitioners as well as the additional respondents 4 and 5.

Sd/ZIYAD RAHMAN A.A. JUDGE

HKH/06.03.2025

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APPENDIX OF WP(C) 41952/2024

PETITIONER EXHIBITS

EXHIBIT-P1TRUE COPY OF THE APPLICATION DT:
15.09.2022 SUBMITTED BEFORE THE 3RD
RESPONDENT.

EXHIBIT-P2

TRUE COPY OF THE ORDER DT. 25.03.24
PASSED BY THE KERALA STATE WAQF BOARD
IN I.A. NO. 46/2024 IN I.A. NO.
86/2024 IN O.P. NO. 42/2024.

EXHIBIT-P3TRUE COPY OF THE LETTER DT: 08.02.2024
ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P4TRUE COPY OF THE APPLICATION DATED
20.06.2024 WITH THE SITE PLAN
SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT-P5TRUE COPY OF THE INTERIM ORDER DATED
10.05.2024 PASSED IN W.P.( C)
16910/2024.

EXHIBIT-P6

TRUE COPY OF THE LETTER DT: 21.06.2024
RECEIVED BY THE PETITIONER FROM 3RD
RESPONDENT.