IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 18482 OF 2022
PETITIONER/S:
MADAVANA MASJIDUL BADARIYYA JAMA-ATH REP. BY ITS
SECRETARY, NASEER V.A., AGED 45 YEARS
MADAVANA MASJIDUL BADARIYYA JAMA-ATH, MADAVANA
P.O., ERIYADU VILLAGE, KODUNGALLUR TALUK, THRISUR
DISTRICT, PIN 680 666, REPRESENTED BY ITS
SECRETARY NASEER V.A , AGED 45 YEARS, S/O. ABDUL
KAREEM RESIDING AT VALIYAVEETIL HOUSE, MADAVANA
P.O. ERIYADU VILLAGE, KODUNGALLUR TALUK ,TRISSUR,
PIN - 680 666. PIN - 680666
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
RESPONDENT/S:
1 THE KERALA STATE WAQF BOARD
VIP ROAD, KALOOR, KOCHI, PIN-682 017, REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER., PIN - 682017
2 DIVISIONAL WAQF OFFICER
THE KERALA STATE WAKF BOARD DIVISIONAL OFFICE,
HASHIMI TOWER, MASJID ROAD, KOKKALA, THRISSUR,
PIN- 680 021., PIN - 680021
3 CHIEF EXECUTIVE OFFICER
KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI,
PIN-682 017., PIN - 682017
BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 18482 OF 2022
-2-
S.V.BHATTI
& BASANT BALAJI, JJ.
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WP(C) NO. 18482 OF 2022
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JUDGMENT
(Dated this the 28th day of June 2022) Basant Balaji J., The Writ Petition is filed with the following reliefs:
"(i) Issue a Writ of certiorari or any other writ, order or direction calling for the records leading to Ext.P3 and quash the same declaring as illegal.
(ii) Issue a Writ of Prohibition or any other writ, order or direction directing the Respondents not to either remove or suspend the Petitioner committee for the alleged disobedience of Ext.P3 which is illegal."
2. The main issue raised is regarding the language to be used during Friday congregation "Kuthuba" to be in Malayalam or exclusively in Arabic.
3. Today the counsel for the petitioner has filed WP(C) NO. 18482 OF 2022 -3- I.A.No.1 of 2022 to accept additional documents to be marked as Ext.P4 and P5. Ext.P4 is a request before the Kerala State Wakf Board from the petitioner himself being the Secretary of the Jama-ath, wherein it was stated that as per the byelaw the kutuba has to be Arabic as well as in Malayalam which was being followed till 2016. It was also requested that before taking any action, an opportunity of hearing has to be given to the jama-ath. On the request, the Wakf Board passed an order on 10.6.2022 wherein it was directed that the juma-kuthuba has to be in tune with the byelaw of the Jama-ath. The counsel for the petitioner submits that in view of Ext. Nos. P4 and P5, he does not wish to proceed with the petition and the same may be closed.
Recording the submission of the counsel for the petitioner as well as taking note of Ext. Nos. P4 and P5, the Writ Petition is closed.
Sd/- S.V.BHATTI, JUDGE sd/- BASANT BALAJI, JUDGE dl/ WP(C) NO. 18482 OF 2022 -4- APPENDIX OF WP(C) 18482/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE AMENDED BYE-LAW OF THE PETITIONER JAMA-ATH.
Exhibit-P2 TRUE COPY OF THE INTERIM ORDER PASSED IN I.A. NO. 159/2016 IN W.O.S. NO. 18/2016 Exhibit-P3 TRUE COPY OF THE ORDER NO. A3-5915/CR DATED 30.05.2022 PASSED BY THE 2ND RESPONDENT