Kerala High Court
Odumbra Pazhaya Juma-Ath Palli ... vs Masjid Taqwa Sunniya Madrassa ... on 10 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
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
CRP(WAKF).No.481 OF 2015
AGAINST THE ORDER/JUDGMENT IN OS 71/2011 DATED 27-06-2015 OF WAKF
TRIBUNAL, KOZHIKODE
PETITIONER/S:
1 ODUMBRA PAZHAYA JUMA-ATH PALLI PARIPALANA COMMITTEE
REPRESENTED BY ITS PRESIDENT, C.MOHAMMED, OLAVANNA
P.O., OLAVANNA AMSOM, DESOM, KOZHIKODE.
2 ODUMBRA PAZHAYA JUMA-ATH PALLI PARIPALANA COMMITTEE
REPRESENTED BY ITS SECRETARY, P.MUHAMMED,
S/O.KOYA,AGED 69 YEARS, VALAPPIL HOUSE, OLAVANNA
P.O., OLAVANNA AMSOM, DESOM, KOZHIKODE.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENT/S:
1 MASJID TAQWA SUNNIYA MADRASSA MAHALLU COMMITTEE
REPRESENTED BY ITS PRESIDENT MOYIN P, S/O.MAYIN,
THARAMMAL HOUSE, OLAVANNA P.O., OLAVANNA AMSOM,
DESOM, KOZHIKODE-673 025.
2 MASJID TAQWA SUNNIYA MADRASSA MAHALLU COMMITTEE
REPRESENTED BY ITS SECRETARY, ABDURAHIMAN,
S/O.KUNHALANKUTTY, CHOLEKKAL HOUSE, OLAVANNA P.O.,
OLAVANNA AMSOM, DESOM, KOZHIKODE-673 025.
3 MASJID TAQWA SUNNIYA MADRASSA MAHALLU COMMITTEE
REPRESENTED BY ITS PRESIDENT MOHIYUDHEEN O.V.,
S/O.MAMMED KOYA, KANDAN PARAMBIL, OLAVANNA P.O.,
OLAVANNA AMSOM, DESOM, KOZHIKODE-673 025.
4 ABDURAHIMAN C
S/O.KUNHALANKUTTY, MASJID TAQWA SUNNIYA MADRASSA
MAHALLU COMMITTEE, CHOLEKKAL HOUSE, OLAVANNA AMSOM,
DESOM, KOZHIKODE-673 025.
CRP(WAKF).No.481 OF 2015
-2-
5 CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD, VIP ROAD JUNCTION,
KOCHI-682 017.
R1 BY ADV. SRI.K.M..FIROZ (CAVEATOR)
R1, R5 BY SRI.T.P.SAJID, SC, KERALA STATE WAQF
BOARD
R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF
BOARD
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP(WAKF).No.481 OF 2015
-3-
ORDER
Dated this the 10th day of February 2021
Bechu Kurian Thomas, J.
At times, disputes do not leave even the dead behind!
The rights of the members of a mahal to be buried in an
ancient graveyard belonging to Odumbra Pazhaya Juma Ath
Palli was sought to be declared in the suit O.S.No.71/2011 on
the files of the Wakf Tribunal, Kozhikode. By the impugned
judgment, the Wakf Tribunal decreed the suit. It was declared
that the mahal members and the general body members of the
first plaintiff are entitled to be buried in the plaint scheduled
property which is an ancient graveyard, under the first
defendant committee, subject to payment of appropriate
charges. Consequential injunction was also granted.
Defendants 1 and 2 are challenging the said judgment in this
CRP(WAKF).No.481 OF 2015
revision petition, raising manifold grounds.
2. We have heard Adv.V.V.Surendran, the learned
counsel for the revision petitioner, Adv.K.M.Firoz appearing
for respondents 1 to 4 and Adv.T.K.Saidalykutty, Standing
Counsel for the 5th respondent.
3. The learned counsel for the revision petitioner during
the course of his arguments confined his grievance against the
impugned judgment to a lone point. It was submitted that,
even though in the body of the judgment the Tribunal had
observed that the appellant was entitled to insist on a letter
from the first plaintiff certifying the membership of the
person brought for burial, with the plaintiff committee, in the
decretal portion, the said direction was absent. The learned
counsel for the revision petitioner submits that as per the
decretal portion of the impugned judgment, all persons
irrespective of their membership with the first plaintiff mahal
CRP(WAKF).No.481 OF 2015
could be brought for burial, which would lead to disastrous
consequences for the defendants. The counsel insisted for
modification of the impugned judgment to the above limited
extent.
4. A reading of paragraph 22 of the judgment shows that
the learned Tribunal had entered the finding as below :-
"So, having considered the whole aspects coupled with
the evidence and the above said legal position, I have no
inhibition to arrive at an upshot that the mahal and general
body members of 1st plaintiff committee have every right to
be buried in the plaint schedule property. But, there is no
dispute to the fact that first defendant committee has right
of administration of the plaint schedule property, the
ancient graveyard. So, they are at liberty to receive
payment of pit fees and other incidental burial expenses so
as to bury dead body of the mahal members of the plaintiffs
in the plaint schedule property. Moreover, the first
defendant can also insist a letter from the first plaintiff
committee when the dead bodies of the general body and
CRP(WAKF).No.481 OF 2015
mahal members of the first plaintiff committee are brought
for burial to show their membership with the plaintiff
committee. So also, the plaintiff committee have to intimate
the first defendant committee when the dead bodies of the
general body and mahal members of the first plaintiff are
sought to be buried in the plaint schedule property."
5. Though the above findings were recorded in the
judgment; in the decretal portion, the direction regarding the
defendants' right to insist on a letter showing the membership
of the deceased with the plaintiff was absent. It is no doubt a
mistake. The counsel for the appellant is justified in his
contentions.
6. Accordingly, we deem it fit to modify the impugned
judgment to the limited extent of entitling the first defendant
to insist on a letter from the first plaintiff committee
acknowledging the membership of the deceased person whose
body is brought for burial to show the membership with the
first plaintiff committee. All other declarations and directions
CRP(WAKF).No.481 OF 2015
in the decretal portion in the impugned judgment shall
continue to remain.
In the result, this revision petition is allowed in part and
the judgment dated 27.06.2015 in O.S.No.71/2011 on the files of
the Wakf Tribunal, Kozhikode shall stand modified to the
extent indicated above. It is made clear that all other
declaratory reliefs and injunctions granted by the Tribunal in
the aforesaid judgment shall remain unaffected.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
RKM/JS
