Kerala High Court
Sakeer P.S vs Puthur Pally Muslim Jama-Ath on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
OP (WAKF).No.14 OF 2020
AGAINST THE ORDER/JUDGMENT IN AS 124/2019 DATED 27-09-2019 OF DISTRICT
COURT & SESSIONS COURT,KOTTAYAM
PETITIONER/S:
SAKEER P.S.
AGED 49 YEARS
S/O.SALIM, PADAYIL HOUSE, PERUNNA P.O., CHANGANASSERY,
KOTTAYAM - 686 102.
BY ADV. SHRI.ESM.KABEER
RESPONDENT/S:
1 PUTHUR PALLY MUSLIM JAMA-ATH
CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL
SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA
P.O., CHANGANASSERY - 686 102.
2 P.K.ABDUL RAHIM
AGED 58 YEARS, S/O.KASIM BAVA, PARAKKAVETTY HOUSE,
PERUNNA P.O., CHANGANASSERY - 686 102.
3 MUHAMMED YASHIR
AGED 35 YEARS
S/O.MUHAMMED SALIM, ALAYIL HOUSE, PERUNNA P.O.,
CHANGANASSERY - 686 102.
4 ELECTION COMMISSION
REPRESENTED BY ITS CHAIRMAN, NOUSAHD U., MOOPARUVEED,
PUTHURPALLY MUSLIM JAMA-ATH OFFICE, CHANGANASSERY -
686 102.
O.P.(Wakf) Nos. 14 & 17/2020
-2-
5 THE KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR P.O., KOCHI - 682 017.
R1 BY ADV. SRI.SUNIL V.MOHAMMED
R1-3 BY ADV. SRI.M.P.MADHAVANKUTTY
R4 BY ADV. SRI.P.A.ABDUL JABBAR
R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG
WITH OP (WAKF).17/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(Wakf) Nos. 14 & 17/2020
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
OP (WAKF).No.17 OF 2020
PETITIONER/S:
SAKEER P.S.
AGED 49 YEARS
S/O. SALIM, PADAYIL HOUSE, PERUNNA P.O, CHANGANASSERY,
KOTTAYAM - 686102.
BY ADV. SHRI.ESM.KABEER
RESPONDENT/S:
1 PUTHUR PALLY MUSLIM JAMA-ATH
CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL
SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA
P.O, CHANGANASSERY - 686102.
2 ELECTION COMMISSION
REPRESENTED BY ITS CHAIRMAN, NOUSHAD U., S/O. UMMER
KHAN, MOOPARUVEED, PUTHURPALLY MUSLIM JAMA-ATH OFFICE,
CHANGANASSERY - 686102.
3 ABDUL SHUKOOR K.A,
S/O. ABDUL HAMEED, MEMBER, ELECTION COMMISSION, PUTHUR
PALLY MUSLIM JAMA-ATH, KOCHANNANPARAMBIL, PERUNNA,
CHANGANASSERY -1,
O.P.(Wakf) Nos. 14 & 17/2020
-4-
4 MUHAMMED SHAJI A.S,
S/O. SHAHUL HAMEED, MEMBER, ELECTION COMMISSION,
PUTHRUPALLY MUSLIM JAMA-ATH, ALAYIL HOUSE, PERUNNA P.O,
CHANGANASSERY -1.
5 THE KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR P.O, KOCHI - 682017.
R1 BY ADV. SRI.M.P.MADHAVANKUTTY
R2 BY ADV. SRI.P.A.ABDUL JABBAR
R2 BY ADV. SRI.MUHAMMED SHAFFI
R2 BY ADV. SRI.SHAHIM BIN AZIZ
R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG
WITH OP (WAKF).14/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(Wakf) Nos. 14 & 17/2020
-5-
ORDER
[ OP (WAKF).14/2020, OP (WAKF).17/2020 ]
Dated this the 8th day of February 2021
S.V. Bhatti, J.
One Sakeer P.S. is the petitioner in the instant original
petitions and the prayers made by the petitioner in the
petitions respectively are stated thus:
"OP (Wakf) No.14/2020
i) To call for the records relating to Exhibit P1 to P9 and
to pass orders directing to dispose of Exhibit P2 appeal
pending before the Additional District Court, Kottayam
within a reasonable time.
iii) To issue direction to the respondents to issue non-
liability certificate after accepting the Maulood right from
the petitioner.
iv. Any other reliefs also may be granted in order to meet
out justice considering the circumstances of the case.
O.P.(Wakf) Nos. 14 & 17/2020
OP(Wakf) No.17/2020
i. To pass orders declaring that the election proposed to
be conducted on 27.12.2020 pursuant to Exhibit P1 is null and
void.
ii. To call for the records relating to Exhibit P1 to P9 and
to quash Exhibit P5 order since it is issued in violation of
Exhibit P3 order of this Hon'ble Court.
iii. To pass orders to the effect that the respondents 2 to 4
are not impartial and ineligible to conduct the election in a
fair and proper manner following the democratic principles.
iv. To issue direction to the respondent 2 to 4 to permit
the petitioner to contest the election discarding Exhibit P5
order.
v. Any other reliefs also may be granted in order to meet
out justice considering the circumstances of the case."
2. Adv. E S M Kabeer after arguing the petitions for
some time and taking note of the difficulty in getting either
suitable or complete relief from this Court under Article 227 of
the Constitution of India, alternatively submitted that the
petitioner may be given liberty to move a Forum, including
Wakf Tribunal for redressal of grievance of petitioner.
O.P.(Wakf) Nos. 14 & 17/2020
3. After perusing the record, we are of the view that the
supervisory jurisdiction need not be exercised in the cases on
hand. However, keeping in perspective the alternative prayer
the Original Petitions are dismissed by granting liberty to
petitioner to approach the Forum, including Wakf Tribunal, for
the reliefs available in this regard, in accordance with law,
within three weeks from today.
Original Petitions are dismissed as above.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
jjj
O.P.(Wakf) Nos. 14 & 17/2020
APPENDIX OF OP (WAKF) 14/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.160/2019
DATED 10/07/2019 OF THE MUNSIFF COURT,
CHANGANASSERY.
EXHIBIT P2 TRUE COPY OF THE APPEAL A.S.NO.124/2019 DATED
27/09/2019 OF THE HON'BLE DISTRICT COURT,
KOTTAYAM.
EXHIBIT P3 TRUE COPY OF THE I.A. DATED 27/11/2019 TO ADVANCE
THE APPEAL.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT REPORTED IN 2018(3)
KLT 671.
EXHIBIT P5 TRUE COPY OF THE NOTICE FIXING THE LIABILITY
DATED 20/08/2019.
EXHIBIT P6 TRUE COPY OF THE ELECTION NOTIFICATION DATED
15/11/2020.
EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF PAGE 18
AND 19 OF THE BYELAWS.
EXHIBIT P8 TRUE COPY OF THE MONEY ORDER RECEIPT FOR
PAYMENT OF MAULOOD RIGHT.
EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS
LIST.
RESPONDENT'S EXHIBIT
R1(A) THE TRUE COPY OF THE ABOVE JUDGMENT IN O S NO.160/2019 DATED
10.07.2019 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY
O.P.(Wakf) Nos. 14 & 17/2020
APPENDIX OF OP (WAKF) 17/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED
15.11.2020.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE PRESIDENT
FIXING LIABILITY DATED 20.08.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER OF STAY AND DIRECTION OF
THIS HON'BLE COURT IN OP(WAQF)NO.14/2020 DATED
07.12.2020.
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT SWORN TO BY
ADVOCATE PRADEEP M.S DATED 14.12.2020.
EXHIBIT P5 TRUE COPY OF THE ORDER REJECTING THE NOMINATION
DATED 13.12.2020.
EXHIBIT P6 TRUE COPY OF THE EXPLANATION OF THE PETITIONER
BEFORE THE THEN RETURNING OFFICER DATED
02.10.2018.
EXHIBIT P7 TRUE COPY OF THE LIST OF OFFICE BEARERS OF THE
JAMA-ATH OF THE YEAR 1908-2020 DATED 16.10.2018.
EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE
BYELAWS.
EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS
LIST.
RESPONDENT'S EXHIBITS
R1(A) TRUE COPY OF THE ABOVE MINUTES DATED 15.05.2019 OF THE
PUTHOORPPALLY MUSILIM JAM-ATH COMMITTEE
R1(B)THE TRUE COPY OF THE MEETING DATED 28.09.2019 OF THE PUTHOORPPALLY
MUSLIM JAM-ATH
R1(C) THE TRUE COPY OF THE LETTER DATED 24.07.2019 OF THE PUTHOORPPALLY
MUSLIM JAM-ATH CHANGANACHERRY
