Kerala High Court
P.K.Mammootty vs K.K.Nazeer on 12 January, 2021
CRP (WT) No.317 of 2018 1
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 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
CRP(WAKF).No.317 OF 2018
AGAINST THE ORDER IN OA 132/2017 DATED 07-02-2018 OF WAKF
TRIBUNAL, KOZHIKODE
PETITIONERS:
1 P.K.MAMMOOTTY
AGED 70 YEARS, S/O. UMMER, PRESIDENT THALASSERI
MUTTAMBRAM PALLI PARIPALANA COMMITTEE, MAIN ROAD,
THALASSERI-670 101.
2 THALASSERI MUTTAMBRAM PALLI PARIPALANA COMMITTEE
BY ITS PRESIDENT, P.K MOAMMOOTTY,THALASSERI
MUTTAMBRAM PALLI, PARIPALANA COMMITTEE,
MADAMILLATHU HOUSE, AZAD BEACH ROAD,NEAR SABHA
SCHOOL, THALASSERI 670 102.
3 O.K MAMMOOTTY
S/O. ABDU, AGED 75 YEARS,SECRETARY, THALASSERI
MUTTAMBRAM PALLI,PARIPALANA COMMITTEE,
OLIYALAKKANDY HOUSE, THIRUVANGAD AMSOM AND DESOM,
PILAKKOOL THALASSERI-670 102.
BY ADVS.
SRI.K.MOHANAKANNAN
SRI.M.MUHAMMED SHAFI
RESPONDENTS/RESPONDENTS:
1. K.K.NAZEER, AGED 40 YEARS, S/O MAHAMMOOD,
KAKKOTTU HOUSE, THALASSERI - 670 102.
2. ABDUSSAMAD E.V., AGED 32 YEARS,
M.M.ROAD, THALASSERI 670 101.
3. KOLATHAI MAJEED, AGED 48 YEARS,
S/O POKER, THALASSERI AMSOM AND DESOM,
AZAD ROAD, THALASSERI 670 102.
CRP (WT) No.317 of 2018 2
4. THE KERALA STATE WAKF BOARD, REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER, WAKF BOARD
DIVISIONAL OFFICE, EROTH CENTRE BANK ROAD,
CALICUT 673 001.
5. MUHAMMED AANEEF P., AGED ABOUT 20 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
ADVOCATE, COURT ROAD, TALIPARAMBA, KANNUR
DIST. 670 141.
R1 BY ADV. SRI.ESM.KABEER
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
12.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JUDGMENT
Dated this the 12th day of January 2021
S.V.BHATTI, J.
Petitioners in O.A.No.132 of 2017 before the Wakf Tribunal,
Kozhikode are the petitioners. The petitioners filed O.A.No.132 of
2017 challenging the order dated 8.11.2017 in O.P.No.141 of 2012 of
Kerala State Waqf Board Divisional Office, Kozhikode. By Order dated
8.11.2017 appointed 5th respondent as the returning officer to conduct
election to the committee of plaintiff. The election to the committee
of plaintiff was conducted on 25.12.2017. The petitioners filed
I.A.No.59 of 2018 for amending the Original Application. The
proposed amendment challenges the outcome of the election
conducted on 25.12.2017. The Tribunal, through the order impugned
in the CRP, rejected the prayer of petitioner for amendment. Hence
the CRP.
2. Adv.K.Mohanakannan has re-iterated the very contentions put
forward by the petitioners in support of their prayer for amendment of
Original Application. The Court in matters of this nature is required
to appreciate the prayer in the Original Application and the
proposed amendment. The cause of action constituting bundle of
facts enabling the parties to approach the Court must also be kept in
mind while looking at the prayer for amendment for including
subsequent events. The challenge to election held on 25.12.2017
constitutes separate and independent cause of action. This cannot
be treated as consequential or subsequent to the cause of action by
referring to which the lis in O.A.No.132/2017 is pending before the
Tribunal. Further deliberations of grounds of challenge to order in
I.A.No.59 of 2018 is not necessary for we are in full agreement with
the findings recorded by the Wakf Tribunal. Revision fails.
Accordingly dismissed. No order as to costs.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
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