K.P.Muhammed Asharaf vs Chengalayi Mahallu Muslim ...
2021 Latest Caselaw 11861 Ker

O.P.(Wakf)No.6/2021               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                  &

                THE HONOURABLE MR. JUSTICE GOPINATH P.

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                        OP (WAKF).No.6 OF 2021

 AGAINST THE JUDGMENT IN OP 17/2021 OF KERALA STATE WAKF BOARD,
                           ERNAKULAM


PETITIONERS:

       1       K.P.MUHAMMED ASHARAF,AGED 54 YEARS
               S/O HASSAN,OLAYAKKARA PUTHIYAPURAYIL,
               NAJUMA STORE,CHENGALAYI AMSOM DESOM,
               CHENGALAYI.P.O,KANNUR,PIN-670631.

       2       IBRAHIMKUTTY.K.P,AGED 60 YEARS
               S/O.HASSAN PARAMMAL PUTHIYAPURAYIL,
               SUNAIDA MANZIL,ADOOR.P.O, MALAPPATAM AMSOM,ADOOR
               DESOM,MALAPPATTAM.P.O,
               PIN-670631.

       3       NADUVILAKATH RAFEEQ,AGED 35 YEARS
               S/O.MOOSAN,KAUPRAM CHENGALAYI.P.O,
               CHENGALAYI AMSOM DESOM,KANNUR DISTRICT,PIN-670631.

               BY ADV. SRI.R.RAMADAS

RESPONDENTS:

       1       CHENGALAYI MAHALLU MUSLIM JAMA-ATH COMMITTEE
               REPRESENTED BY PRESIDENT MUHAMMED KUNHI K.M.P,S/O
               MOIDEEN HAJI,AGED 67,KEELATH MOOLAYIL
               PUTHIYAPURAYIL,
               CHENGALAYI.P.O, CHENGALAYI AMSOM DESOM,
               KANNUR DISTRICT,PIN-670631.

       2       SHAHUL HAMEED.K.P,
               AGED 44 YEARS
               S/O.ERAMULLAN,KOLAYAKKAARA PUTHIYAPURAYIL,ACTING
               SECRETARY,
               CHENGALAYI MAHALLU MUSLIM JAMA-ATH
               COMMITTEE,CHENGALAYI.P.O, CHENGALAYI AMSOM
               DESOM,KANNUR DISTRICT,PIN-670631.
 O.P.(Wakf)No.6/2021              2



       3       KERALA STATE WAKF BOARD,
               REPRESENTED B ITS CHIEF EXECUTIVE
               OFFICER,V.I.P.ROAD,KALOOR,KOCHI-17.

               R1-2 BY ADV. SRI.O.V.MANIPRASAD
               R3 BY ADV. SRI.T.K.SAIDALIKUTTY

THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 09.04.2021, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 O.P.(Wakf)No.6/2021                        3




                                JUDGMENT

Gopinath, J.

When this Original Petition (Wakf) came up for consideration today, it

is submitted by the learned Standing Counsel for the Wakf Board that an

Advocate Commissioner has been appointed by the Wakf Board for conduct of

election and following the report of the Advocate Commissioner, further

proceedings will be taken in the matter.

2. The learned counsel for the petitioners submits that the

submission of the learned Standing Counsel may be recorded and the Original

Petition(Wakf) may be closed recording the submission.

The Original Petition (Wakf) is, therefore, closed recording the

submission of the learned Standing Counsel for the Wakf Board.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION O.P.NO.17/2021 DATED 26.02.2021,FILED BEFORE THE KERALA STATE WAKF BOARD,ERNAKULAM.

EXHIBIT P2 TRUE COPY OF I.A.NO.6/2021 IN O.P.NO.17/2021,KERALA STATE WAKF BOARD,ERNAKULAM DATED 26.02.2021.

EXHIBIT P3 TRUE COPY OF IA NO 7/2021 IN OP NO 17/2021, KERALA STATE WAKF BOARD, ERNAKULAM DATED 26.2.2021

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 5.3.2021 PUBLISHED BY THE RESPONDENTS 1 AND 2 REGARDING CONVENING OF GENERAL BODY ON 12.3.2021