Kerala High Court
Shahul Hameed vs The District Collector on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.2084 OF 2021(I)
PETITIONERS:
1 SHAHUL HAMEED, AGED 51 YEARS
S/O.ABDUL LATHEEF, RESIDING AT FATHIMA MANZIL,
ZAKKARIYA WARD, ALAPPUZHA, PIN - 688 012.
2 SHAJI, AGED 47 YEARS,
S/O.UMMEN SEETHY, RESIDING AT NADUVELEPRAMPU,
CIVIL STATION WARD ALAPPUZHA, PIN - 688 012.
BY ADVS.
SRI.P.A.ABDUL JABBAR
SRI.MUHAMMED SHAFFI
SRI.SHAHIM BIN AZIZ
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
ALAPPUZHA, PIN- 688 001.
2 MUNICIPALITY OF ALAPPUZHA
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, ALAPPUZHA, PIN - 688 001.
3 STATION HOUSE OFFICER,
ALAPPUZHA SOUTH POLICE STATION,
ALAPPUZHA, PIN - 688001.
4 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
VIP ROAD, KALOOR, KOCHI, PIN - 682 018.
5 ALAPPUZHA MUGHAM PARIPALANA SANGAM REG.NO.528/99
ZACHARIA BAZAR, ALAPPUZHA,
REPRESENTED BY ITS PRESIDENT, PIN - 688 012.
WP(C).No.2084 OF 2021(I)
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6 P.K.MOHAMMED BADUSHA SAKHAFI,
AGED 52 YEARS, RELIGIOUS TEACHER,
S/O.KADARKUTTY, KOTHIPANACKAL PULLUVELIL,
ERAMALLOOR MURI, EZHUPUNNA VILLAGE, CHERTHALA,
GENERAL SECRETARY OF ALAPPUZHA,
MUGHAM PARIPALANA SANGAM,
REG.NO.528/99, ZACHARIA BAZAR,
ALAPPUZHA, PIN- 688 012.
R4 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SRI. N,K. THANKACHAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2084 OF 2021(I)
3
JUDGMENT
Shaffique, J
This writ petition had been filed, inter alia , seeking for a
direction to respondents 1, 2 and 4 to ensure that no
construction activities are carried out by respondents 5 and
6 in the Alappuzha Mukham Masjid Waqf Properties
registered under the Kerala State Waqf Board. It is brought
to our notice that as per judgment dated 15.11.2017 in
CRP(WAKF) No.170/2017, this Court had issued certain
directions to respondents 5 & 6 not to undertake any
reconstruction or construction in the waqf property without
obtaining necessary permission from the Waqf Board, local
authority and District Collector.
2. The learned counsel for the petitioner submits that despite
the said direction, without getting any permission,
construction is being made. Being aggrieved, the petitioner
informed the matter to the police and also to the Waqf
Board, but he still apprehends that they may proceed with
the construction in the Waqf Property mentioned as above.
3. Apparently, this is a dispute of Civil nature and there is no
reason for this Court to interfere in the matter at this stage.
WP(C).No.2084 OF 2021(I)
If at all the petitioner requires any further directions in
regard to any construction being made in the Waqf
properties without permission, it shall be open for the
petitioner to approach the Civil Court or the Waqf Tribunal,
seeking appropriate directions. We do not think that there
is any necessity for this Court to interfere in the matter.
Reserving the right of the petitioner to approach the
competent Authority/forum, the writ petition is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE
sd/-
GOPINATH P., JUDGE
AMV/05/02/2021
WP(C).No.2084 OF 2021(I)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT PASSED IN
C.R.P.(WAQF) NO.170/2017.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE DYSP OF ALAPPUZHA.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 4TH RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
