Kerala High Court
Vazhakkad Darul Uloom Association vs Vazhakkad Grama Panchayath on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 9722 OF 2024
PETITIONER:
VAZHAKKAD DARUL ULOOM ASSOCIATION,
VAZHAKKAD, MALAPPURAM DISTRICT, KERALA,
PIN - 673 640, REPRESENTED BY ITS SECRETARY,
K.M. MOHAMMED IBRAHIM, AGED 62 YEARS,
S/O. MOHAMMED ALI, PIN - 673 640.
BY ADVS.
M.A.VAHEEDA BABU
BABU KARUKAPADATH
P.U.VINOD KUMAR
ARYA RAGHUNATH
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AYSHA E.M.
DENNIS BIJU
RESPONDENTS:
1 VAZHAKKAD GRAMA PANCHAYATH,
VAZHAKKAD, MALAPPURAM DISTRICT, KERALA,
REPRESENTED BY ITS SECRETARY, PIN - 673 640.
2 SECRETARY, VAZHAKKAD GRAMA PANCHAYATH,
VAZHAKKAD, MALAPPURAM DISTRICT, KERALA, PIN - 673 640.
SRI.SAYED MANSOOR BAFAKHY THANGAL,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9722 OF 2024
2
JUDGMENT
This writ petition has been filed seeking for a direction to the respondents to consider Ext.P12 building permit application and also to issue the building permit to the petitioner. The grievance of the petitioner is that the application for building permit was submitted on 25.09.2023 as per Ext.P12 along with all documents pertaining to the issuance of building permit. The petitioner submits that the respondents have insisted for production of original of the title deed for issuance of building permit. However, the petitioner submits that Rule 5(1)(c) of the Kerala Municipality Building Rules only insists on production of the documents and does not insist for the production of the original deed.
2. However for disposal of the matter, I am of the opinion that the petitioner shall also file a notarized affidavit regarding loss of the original title deed, along with the application before the respondents so that the respondents can consider and pass orders on the building permit application.
Accordingly, the writ petition is disposed of directing the petitioner to file a notarized affidavit along with Ext.P12 WP(C) NO. 9722 OF 2024 3 application before the respondents. On receipt of the same, the respondents shall consider and pass orders on Ex.P12, within a period of two weeks from the date of receipt of a certified copy of this judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE DK WP(C) NO. 9722 OF 2024 4 APPENDIX OF WP(C) 9722/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.
1331/1871 OF SRO, MANJERI CONSTITUTING THE WAQF Exhibit P1(a) A READABLE COPY OF EXHIBIT P1 Exhibit P2 A TRUE COPY OF THE BYE LAW OF THE PETITIONER SOCIETY REGISTERED WITH THE DISTRICT REGISTRAR MALAPURAM WITH REGISTRATION NO. 2/1969 Exhibit P3 A TRUE COPY OF THE ORDER DATED 11/08/1973 IN PETITION NO. 9/1973 OF THE KERALA WAQF BOARD, ERNAKULAM Exhibit P3(a) A READABLE COPY OF EXHIBIT P3 Exhibit P4 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD FROM 2023-2024 WITH RESPECT TO THE PROPERTIES UNDER THE PETITIONER IN VAZHAKAD VILLAGE Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28/07/2023 ISSUED BY THE VILLAGE OFFICER, VAZHAKKAD VILLAGE WITH RESPECT TO THE PROPERTY HAVING AN EXTENT OF 69.40 ARES IN SURVEY NO.41/1 OF VAZHAKKAD VILLAGE IN FAVOUR OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE ORDER DATED 01/07/2010 ISSUED BY THE UGC TO THE REGISTRAR OF CALICUT UNIVERSITY REGARDING RECOGNITION OF DARUL ULOOM ARABIC COLLEGE FOR PAYMENT OF GRANT Exhibit P7 A TRUE COPY OF THE ACCREDITATION CERTIFICATE DATED 22/11/2021 BY THE NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL OF THE UGC IN FAVOUR OF DARUL ULOOM ARABIC COLLEGE Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF ORDER DATED 15/06/2017 ISSUED BY THE UNIVERSITY OF CALICUT GIVING AFFILIATION TO THE DARUL ULOOM ARABIC COLLEGE FOR B.A. FUNCTIONAL ARABIC AND M.A. ISLAMIC FINANCE WP(C) NO. 9722 OF 2024 5 Exhibit P9 A TRUE COPY OF THE ORDER DATED 09/10/2009 ISSUED BY THE UNIVERSITY OF CALICUT GIVING AFFILIATION TO THE DARUL ULOOM ARABIC COLLEGE FOR AFZAL- UL-ULAMA DEGREE COURSE AND POST AFZAL-
UL-ULAMA PG COURSE
Exhibit P10 A TRUE COPY OF THE LETTER DATED
27/02/2023 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P11 A TRUE COPY OF THE CERTIFICATE DATED
18/11/2020 ISSUED BY THE SUB
REGISTRAR, MANJERI INTIMATING THAT EXHIBIT P1 WAS DESTROYED Exhibit P12 A TRUE COPY OF THE APPLICATION RE-
SUBMITTED BY THE PETITIONER ALONG WITH THE DOCUMENTS ACCOMPANYING THE SAME