Kerala High Court
Kallamkuzhi Juma Masjid vs Muhammed Ali on 20 January, 2021
CRP (Wakf) No.41/2020 1
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 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
CRP(WAKF).No.41 OF 2020
AGAINST THE ORDER IN W.O.S 405/2019 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONERS:
1 KALLAMKUZHI JUMA MASJID
REPRESENTED BY ITS PRESIDENT, ZAINUL ABDI, S/O.
KUNHITHANGAL, PUTHIYA MALIYEKAL HOUSE, THRIKALOOR,
THACHANPARA, PALAKKAD, PIN 678 593
2 PRESIDENT,
KALLAMKUZHI JUMA MASJID, ZAINUL ABID, S/O.
KUNHITHANGAL, PUTHIYA MALIYEKAL HOUSE, THRIKALOOR,
THACHANPARA, PALAKKAD, PIN 678 593
3 GENERAL SECRETARY,
KALLAMKUZHI JUMA MASJID, THRIKKALOOR, THANCHANPARA,
PALAKKAD, PIN 678 593
4 TREASURER,
KALLAMKUZHI JUMA MASJID, THRIKKALOOR, THANCHANPARA,
PALAKKAD, PIN 678 593
BY ADVS.
SRI.R.RAMADAS
SRI.T.SIVADASAN
RESPONDENTS:
1 MUHAMMED ALI, AGED 41 YEARS
S/O. ABUBACKER, VARIYAKUDI HOUSE, KALLAMKUZHI,
THRIKKALOOR, THRIKKALOOR, PALAKKAD DISTRICT, PIN 678 593
2 T. MOHAMMAD ALI,AGED 50 YEARS
S/O. HAMZA, THAMPULLY HOUSE, THRIKALOOR, POTTASSERY
VILLAGE, THACHANPARA, PALAKKAD 678 593
CRP (Wakf) No.41/2020 2
3 KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, WAQF BOARD,
V.I.P ROAD, KALOOR, KOCHI 17
4 C. MOIDUNNY,AGED 54 YEARS
S/O. POKKER, CHAKKINGAL HOUSE, KALLAMKUZHI, THRIKKALLOOR
P.O, PALAKKAD DISTRICT PIN 678 593
5 MOHAMMED ALI K.K,AGED 46 YEARS
S/O. MOIDU, KAMMALANKUNNAN HOUSE, KALLAMKUZHI,
THRIKKALLOOR P.O, PALAKKAD DISTRICT 678 593
6 T. HAMZA,AGED 52 YEARS
S/O. SAIDU, THEKKUMPURAYAM, KALLAMKUZHI, THRIKKALLOOR
P.O, PALAKKAD DISTRICT, PIN 678 593
7 P.P SAIDALAVI,AGED 42 YEARS
S/O. AYMOOTTY, PALACKAPARAMBIL HOUSE, KALLAMKUZHI,
THRIKKALLOOR P.O, PALAKKAD DISTRICT, PIN 678 593
8 E.K SULAIMAN,AGED 40 YEARS
S/O. HAMZA, ERATTUYKADAN HOUSE, KALLAMKUZHI,
THRISSKALLOOR P.O, PALAKKAD DISTRICT PIN 678 593
R3 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
OTHER PRESENT:
SC - SRI. T.K.SAIDALIKUTTY
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
20.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.R.P.(Wakf) No.41 of 2020 3
JUDGMENT
Dated this the 20th day of January 2021
S.V.Bhatti, J.
Defendants 1 to 4 in WOS No.405/2019 before Wakf Tribunal,
Kozhikode are the petitioners. The petitioners challenge the order
dated 24.01.2020 of the Wakf Tribunal.
2. The Wakf Tribunal, through the order dated 24.01.2020, has
found that the suit was initiated by the 1 st plaintiff in a representative
capacity under Order 1 Rule 8 of CPC. The plaintiff sought for
declaration that the bye-laws and rules of the Society No.C.A.146/2012
are illegal and not binding on the plaintiff. The 2 nd plaintiff was
impleaded by order in I.A No.311/2018. The order impugned in the
revision deals with whether the 2 nd plaintiff is a necessary or atleast
proper party, whose presence in the suit is necessary. The Tribunal
seisin of the matter recorded the finding that the 2 nd plaintiff is a
proper and necessary party.
3. Advocate for petitioners argues that the finding now challenged
in the Revision is not complying with the directions issued by this
Court and the order impugned on the ground alone is liable to be set
aside.
4. The argument is noted merely to be rejected. The finding
recorded by the Tribunal is not dependent on the length of finding
but the content or the conclusion recorded in the given set of facts
and circumstances considered by the Tribunal. For the purpose of
interlocutory order, expecting anything more than what is recorded
by the Tribunal by the petitioners is erroneous.
In our view, the Revisions do not merit consideration, the
grounds raised are untenable, hence dismissed. No order as to costs.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
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