Manjali Muslim Jama Ath ... vs Kerala State Wakf Board

Citation : 2022 Latest Caselaw 9353 Ker
Judgement Date : 10 August, 2022

Kerala High Court
Manjali Muslim Jama Ath ... vs Kerala State Wakf Board on 10 August, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                   &
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 24320 OF 2022
PETITIONER/S:

    1     MANJALI MUSLIM JAMA ATH COMMITTEE,
          MANJALI, MANNAM P.O., NORTH PARAVUR
          REPRESENTED BY ITS PRESIDENT
          T.M. ABDUL JABBAR, AGED 70 YEARS
          S/O. MUHAMMED, THAREPPARAMBIL HOUSE
          MANJALI, MANNAM. P.O., NORTH PARAVUR
          ERNAKULAM DISTRICT, PIN - 683520

    2     GENERAL SECRETARY, MANJALI MUSLIM JAMA-ATH COMMITTEE,
          MANJALI, MANNAM P.O., NORTH PARAVUR
          A.B. ABDUL KHADER, AGED 70 YEARS
          S/O. BAVAKUNJU, ANJUPARAMBIL HOUSE
          MANJALI, MANNAM. P.O., NORTH PARAVUR
          ERNAKULAM DISTRICT, PIN - 683520

          BY ADVS.
          M.S.UNNIKRISHNAN
          M.ARDRA KRISHNAN
          KRISHNENDU.D
          ALEENA MARIA JOSE



RESPONDENT/S:

    1     KERALA STATE WAKF BOARD
          VIP ROAD, KALOOR, KOCHI 17,
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
          PIN - 682017

    2     K K YOONUS
          ADMINISTRATOR, RETD. B.D.O, KURUDAMPARAMBIL HOUSE,
          KOTTAPPURAM, ALANGAD P O, PIN - 683511

    3     M A NAZAR
          M.A.NAZAR, S/O. K.K. AHAMED
          MANALIL VEEDU, MANJALY
          MANNAM. P.O., NORTH PARAVUR
 WP(C) NO. 24320 OF 2022
                                  2



          ERNAKULAM DISTRICT , PIN - 683 520

          BY ADV JAMSHEED HAFIZ




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24320 OF 2022
                                     3




                                JUDGMENT

Dated this the 10th day of August, 2022 S.V. BHATTI, J.

The learned counsel for the petitioner submits that he does not press the prayer and seeks indulgence of the Court to withdraw the writ petition. Hence, the writ petition is dismissed as withdrawn.

Sd/-

S.V. BHATTI, JUDGE Sd/-

BASANT BALAJI JUDGE LU WP(C) NO. 24320 OF 2022 4 APPENDIX OF WP(C) 24320/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION OF MANJALI IRSHADU ANAM ASSOCIATION DATED 4.11.1961 EXHIBIT P2 TRUE COPY OF O.P. NO. 8 OF 2020 DATED 23RD JANUARY, 2020 OF THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY THE ORDER DATED 19.8.2013 IN O.P.

NO. 40 OF 2010 OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 7.4.2017 OF THE GOVERNMENT OF KERALA EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 29TH JUNE, 2017 IN W.P. ( C ) NO. 14020 OF 2017 OF THIS HON'BLE COURT EXHIBIT P6 TRUE COPY OF THE PETITION FILED AS O.P. NO.

138 OF 2017 DATED 18.12.2017 BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN REPLY TO EXT. P6 DATED 7TH MAY, 2018 BEFORE THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE ORDER DATED 8.5.2018 IN O.P.

NO . 138 OF 2017 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE JUDGEMENT DATED 4TH DECEMBER, 2018 IN W.P. ( C) NO. 20960 OF 2018 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24TH JUNE, 2019 IN I.A. NO. 1 OF 2019 IN W.P. ( C) NO. 20960 OF 2018 OF THIS HON'BLE COURT EXHIBIT P11 TRUE COPY OF JUDGMENT IN CON.CASE (C) NO. 258 OF 2019 DATED 17.7.2019 OF THIS HON'BLE COURT EXHIBIT P12 TRUE COPY OF THE PETITION DATED 30.7.2019 PRODUCED BEFORE THE KARUMALOOR GRAMMA WP(C) NO. 24320 OF 2022 5 PANCHAYATH BY THE PETITIONER EXHIBIT P13 TRUE COPY OF THE PLAN PRODUCED BEFORE THE KARUMALOOR GRAMMA PANCHAYATH ALONG EXT. P12 PETITION BY THE PETITIONER EXHIBIT P14 TRUE COPY OF THE PETITION DATED 27.9.2019 SUBMITTED BY THE THEN SECRETARY BEFORE THE THASILDAR, NORTH PARAVUR EXHIBIT P15 TRUE COPY OF THE PETITION DATED 1.10.2019 SUBMITTED BY THE "MANJALI MAKHAM SAMRAKSHANA SAMITHI BEFORE THE KARUMALOOR GRAMA PANCHAYATH EXHIBIT P16 TRUE COPY OF THE NOTICE ISSUED BY THE KARUMALOOR GRAMA PANCHAYATH DATED 3.10.2019 TO THE PETITIONER EXHIBIT P17 TRUE COPY OF THE REPLY DATED 18.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY KARUMALOOR GRAMA PANCHAYATH EXHIBIT P18 TRUE COPY OF LETTER DATED 3.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY KARUMALOOR GRAMA PANCHAYATH EXHIBIT P19 TRUE COPY OF LETTER DATED 16.12.2019 ISSUED BY KARUMALOOR GRAMA PANCHAYATH TO THE PETITIONER.

EXHIBIT P20 TRUE COPY OF JUDGMENT DATED 5TH MARCH, 2020 IN W.P. ( C ) NO. 2329 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P21 TRUE COPY OF PROCEEDINGS DATED 21.1.2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT P22 TRUE COPY OF THE PROCEEDINGS ISSUED BY ADV.

MR. SAJAL DATED 15.4.2022 TO THE PETITIONER EXHIBIT P23 TRUE COPY OF REPORT SUBMITTED BY ADV.

MR.SAJAL TO THE 1ST RESPONDENT DATED WP(C) NO. 24320 OF 2022 6 13.6.2022 EXHIBIT P24 TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER ON 8.6.2022 BEFORE THE 1ST RESPONDENT IN ANSWER TO EXT. P2 PETITION EXHIBIT P25 PHOTOGRAPHS SHOWING THE CONDITION OF THE BUILDING AND THE STAGE OF THE ON-GOING CONSTRUCTION EXHIBIT P26 TRUE COPY OF ORDER DATED 6.7.2022 ISSUED BY THE 1ST RESPONDENT // True Copy // PA To Judge