Kerala High Court
Muneerul Anam Sangham Akkode ... vs The Kerala State Waqf Board on 16 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
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.1975 OF 2021(V)
PETITIONER/S:
MUNEERUL ANAM SANGHAM AKKODE (SOUTH)
(A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT
1860), REGISTER NO.733/2018, KARUMARAKKAD P.O. - 673 640,
MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY,
MOHAMMAD SHAREEF, AGED 37 YEARS, S/O.IMBICAHAMMED,
KALATHINGAL HOUSE, AKKODE - 673 640, KONDOTTY TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.M.KRISHNAKUMAR
RESPONDENT/S:
1 THE KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR,
KOCHI - 682 017.
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI - 682 017.
3 AKKODE MUNEERUL SANGHAM (NORTH)
(A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT,
1860), REGISTER NO.344/2011 REPRESENTED BY ITS PRESIDENT,
M.C.ABDUL REHMAN, S/O.MOHAMMAD, MOIKKACHALIL HOUSE,
VAZHAYOOR EAST P.O. - 673 633, ERNAD TALUK, MALAPPURAM
DISTRICT.
R1-2 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
OTHER PRESENT:
ADV SHIRAZ BAWA FOR T.K. SAIDALAKUTTY., SR GP MOHAMMED RAFIQ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 1975/2021
-2-
JUDGMENT
Dated this the 16th day of February 2021
S.V. Bhatti, J.
Heard Advocates M. Krishna Kumar and Shiraz Bava holding
for T.K. Saidalikutty for the parties.
2. Petitioner complaining inaction of 1st respondent in
considering and disposing of Ext.P4 filed for registration of Wakf
before the 1st respondent has filed the instant writ petition. On
27.01.2021 the Court granted time to 1 st and 2nd respondents to state
its case on the reaction complained by petitioner.
3. The obligation to consider and dispose of Ext.P4 is not
disputed by 1st and 2nd respondents. However, a few reasons are
stated for not disposing of the application and that sufficient time is
required to hear all the concerned and dispose of the application.
4. We have appreciated the prayer in Ext.P4 and are of the
view that continuing to keep Ext.P4 without making an order
presents a few difficulty to petitioner in more than one way. Hence,
W.P.(C) No. 1975/2021
a decision needs to be taken and communicated by the 1 st and 2nd
respondents expeditiously.
5. Writ petition stands disposed of with the following
directions:
(a) Ext.P4 is considered and disposed of, in accordance with law,
after affording opportunity to persons interested in this behalf, as
expeditiously as possible, preferably within four months from the
date of receipt of a copy of this judgment.
(b) This Court has not examined the merits of the claim in Ext.P4
and it is for 1st and 2nd respondents to consider and pass orders in
accordance with law.
No order as to costs.
Sd/-
S.V.BHATTI, JUDGE
Sd/-
BECHU KURIAN THOMAS, JUDGE
jjj
W.P.(C) No. 1975/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEED OF COMPROMISE DATED
23/07/94.
EXHIBIT P1(A) A PRINTED READABLE COPY OF EXHIBIT P1.
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT DATED
22/03/2004.
EXHIBIT P2(A) A PRINTED READABLE COPY OF EXHIBIT P2.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
DATED 14/11/2018 ISSUED BY THE REGISTRAR OF
SOCIETIES TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR REGISTRATION
DATED 30/09/2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY
THE INSPECTOR OF WAKF IN RESPECT OF EXHIBIT P4
APPLICATION.
