K.I.Abdul Rahman vs Kerala State Waqf Board
2021 Latest Caselaw 16794 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE S.V.BHATTI
                               &
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     WP(C) NO. 5765 OF 2020


PETITIONER:

          K.I.ABDUL RAHMAN,
          AGED 78 YEARS, S/O. IBRAHIM,
          PRESIDENT,
          KATTOOR JUMA MASJID MAHALLU COMMITTEE,
          KATTOOR,
          RESIDING AT KOLANGATTUPARAMBIL HOUSE,
          KATTOOR-680702.
          BY ADV K.I.SAGEER IBRAHIM




RESPONDENTS:

    1     KERALA STATE WAQF BOARD,
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
          V.I.P ROAD, KALOOR,
          KOCHI-682017.


    2     DIVISIONAL OFFICER,
          KERALA STATE WAQF BOARD,
          CHAKKALAKUDIYIL COMPLEX,
          P AND T QUARTERS ROAD, POOTHOLE P.O.,
          THRISSUR-680004.
 W.P.(C) No.5765/20                 -:2:-


      3       K.A. YUSUF,
              INTERIM MUTHAVALLY CUM RETURNING OFFICER,
              KATTOOR JUMA MASJID,
              KATTOOR,
              THRISSUR,
              RESIDING AT KARIPPAYI HOUSE,
              THAIKKATTUKARA,
              ALUVA-683101.


     *4       FAZAL RAHMAN
              S/O.ABDUL RAHMAN, AGED 57 YEARS
              PALAKKA HOUSE, KATTOOR,
              THRISSUR DIST.


              *(ADDL.R4.IS IMPLEADED AS PER ORDER DATD
              11.8.2021 IN I.A. NO.1/2021 IN W.P.(C)
              No.5765/2020)


              BY ADVS.
              SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
              SHRI.SHIRAZ BAVA
              SHRI.V.M.KRISHNAKUMAR



       THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   11.08.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5765/20                -:3:-




                              JUDGMENT

Dated this the 11th day of August, 2021

Bechu Kurian Thomas, J.

The term of the Managing Committee of the Kattoor Juma

Masjid has admittedly expired. The last General Body Meeting to

elect the managing committee was held on 22-05-2016 and

thereafter elections have not taken place. Petitioner is the President

of the last elected committee and is continuing as office bearer.

2. On 10-01-2020, the Chief Executive Officer of the Kerala

State Wakf Board appointed one Sri.K.A.Ibrahim Kutty as an interim

muthavally-cum-returning officer to conduct the elections to the Wakf

of Kattoor Juma Masjid. However, since the said K.A.Ibrahim Kutty

expressed his inconvenience to act as interim muthavally, the Chief

Executive Officer of the Board, by Ext.P4 order, appointed the 3 rd

respondent as the interim muthavally-cum-returning officer and

directed elections to be held after complying with all the procedures.

3. Petitioner has challenged Ext.P4 questioning the jurisdiction

of the Chief Executive Officer to appoint an interim muthavally.

4. We have heard Sri.K.I.Sageer Ibrahim, learned counsel for

the petitioner, Sri.Saidalikutty, learned Standing Counsel for the Wakf

Board along with Adv.Shiraz Bava and Adv.Ranjith Thampan,

learned Senior Counsel on behalf of the additional 4 th respondent.

5. It is admitted by all counsel that the appointment of the

interim muthavally by the Chief Executive Officer as per Ext.P3 and

Ext.P4 is contrary to the decision of this Court in Ezhome Sunni

Valiya Juma Masjid and Darul Uloom Madrasa Committee and

Others v. Chief Executive Officer, Kerala State Waqf Board and

Others (2019 KHC 642) as well as the statutory provisions. In view

of the above, since Ext.P3 has already been replaced by Ext.P4, we

quash Ext.P4.

6. We are, however, of the view that under the guise of

pending litigations or disputes, the elections to the managing

committee of the Kattoor Juma Masjid cannot be delayed any further.

It is essential that elections are conducted at the earliest and that too

in a time bound manner. Since the power under Article 226 can be

utilised to render justice in the facts and circumstances of the case,

we are of the view that, though we have set aside Ext.P4, the status

quo of muthavalli shall be maintained as on the date of filing of this

writ petition for a period of three months. The 1 st respondent shall

appoint a new returning officer within a period of four weeks from the

date of receipt of a copy of this judgment and the said returning

officer shall initiate steps to complete the election to the Managing

Committee of the Kattoor Juma Masjid, within an outer period of

three months from today. Needless to observe that the petitioner as

well as the additional 4th respondent shall render assistance for the

smooth conduct of the elections.

With the above directions, the writ petition is disposed of.

Sd/-

S.V.BHATTI JUDGE

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION, OP NO.130/2017 FILED BEFORE THE KERALA STATE WAKF BOARD, ERNAKULAM DATED 14/11/2017.

EXHIBIT P2 A TRUE COPY OF THE PLAINT IN OS NO.239/2019 ON THE FILE OF THE MUNSIFF COURT, IRINJALAKUDA DATED 21/02/2019. EXHIBIT P3 A TRUE COPY OF THE ORDER NO. A11-

4017/18/TSR-1 DATED 10/01/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ORDER NO. A11-

4017/18/TSR-1 DATED 05/02/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT, NO.KTR01/2020/01 DATED 11/02/2020.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE RESPONDENTS NO.1 AND 2.

RESPONDENT'S/S' EXHIBITS:

EXHIBIT R4(a) TRUE COPY OF THE AUDIT REPORT DATED 13.6.2019 OF THE KATTOOR JUMA MASJID