Mohamed Basheer vs W.P.(C) No. 333/202
2021 Latest Caselaw 4492 Ker

                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

                          WP(C).No.333 OF 2021(N)


PETITIONER/S:

       1        MOHAMED BASHEER
                AGED 76 YEARS
                S/O. LATE HAJI PK SAYED MOHAMMED, RESIDING AT MEERASHI
                PARAMBIL, PERUNNA (PO), CHANGANASSERY, KOTTAYAM, PIN-
                686102.

       2        ABDUL KADHAR,
                AGED 58 YEARS
                S/O. P.M.ABDUL RAHIMAN, RESIDING AT PARAKKAVETTY
                HOUSE, PERUNNA (PO), CHANGANASSERY, KOTTAYAM, PIN-
                686102.

       3        SHAHUL HAMEED,
                AGED 62 YEARS
                S/O. ABDUL KASSIM, RESIDING AT POTTHANIPARAMBIL,
                PERUNNA (PO), CHANGANASSERY, KOTTAYAM, PIN-686102.

       4        HAROON,
                AGED 52 YEARS
                S/O. P.M.ABDUL RAHIMAN, RESIDING AT PARAKKAVETTY
                HOUSE, PERUNNA (PO), CHANGANASSERY, KOTTAYAM, PIN-
                686102.

                BY ADVS.
                SRI.R.O.MUHAMED SHEMEEM
                SMT.NASEEHA BEEGUM P.S.
                SMT.THWAYYIBA M.M.

RESPONDENT/S:
 W.P.(C) No. 333/2021
                                      -2-


       1         THE KERALA STATE WAQF BOARD
                 OPP. INTERNATIONAL STADIUM, VIP ROAD, KALOOR, ERNAKULAM-
                 652017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

       2         PUTHURPALLY MUSLIM JAMA'ATH,
                 CHANGANASSERY, KOTTAYAM, PIN-686102, REPRESENTED BY
                 TREASURER MR. ABDUL SALAM, S/O. BAVA RAWTHER,
                 PARAKKAVETTY HOUSE, PERUNNA (PO), CHANGANASSERY,
                 KOTTAYAM, PIN-686102.

       3         ELECTION COMMITTEE OF PUTHURPALLY MUSLIM JAMA'ATH,
                 PUTHURPALLY JAMA'ATH OFFICE, CHANGANASSERY, KOTTAYAM,
                 PIN-686102, REPRESENTED BY ITS CHAIRMAN, MR. U.NOUSHAD,
                 MOOPPARUVEED HOUSE, PERUNNA (PO), CHANGANASSERY,
                 KOTTAYAM, PIN-686102.

       4         SAKEER P.S.,
                 S/O. SALIM, PADAYIL HOUSE, PERUNNA (PO), CHANGANASSERY,
                 KOTTAYAM, PIN-686102.

                 R1 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD

OTHER PRESENT:

                 ADV. M.P.MADHAVANKUTTY., ADV ABDUL JABBAR

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 333/2021
                                     -3-




                             JUDGMENT

Dated this the 8th day of February 2021

S.V. Bhatti, J.

The writ petition is filed for the following reliefs:

"i. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to take appropriate supervisory steps to continue with the conduct of election to the 2nd respondent Jama'ath through 3rd respondent as per Ext.P1 election schedule as expeditiously as possible or any date fixed by this Hon'ble Court.

ii. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent to continue with the conduct of election to the 2 nd respondent Jama'ath through in compliance with directions in Ext.P2 order dated 07.12.2020 in OP (Wakf) No.14 of 2020 provisionally subjected to the decision from the competent court regarding the eligibility of 4th resplendent. iii. To pass such order that is deemed just, necessary and proper by this Hon'ble Court."

W.P.(C) No. 333/2021

2. The election notification refers to the proposed

election scheduled on 27.12.2020, on account of the interim

orders granted by this Court, the schedule referred to in the

notification could not be undertaken and completed.

3. Advocate Abdul Jabbar, appearing for 3rd respondent,

on instructions, informs the Court that a fresh notification will

be issued in accordance with law within reasonable time.

Statement of Advocate Abdul Jabbar is placed on record

and writ petition is closed, as prayed relief need not be

considered at this stage.

Sd/-

S.V.BHATTI

JUDGE

Sd/-

BECHU KURIAN THOMAS

JUDGE

jjj W.P.(C) No. 333/2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED ON 15.11.2020.

EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER DATED 7.12.2020 IN OP (WAKF) NO.14 OF 2020.