Kerala High Court
Muhammed Abbas K.P. vs Balussery Mahal Jamayat on 3 March, 2021
WPC No.21372 of 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 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
WP(C).No.21372 OF 2020(V)
PETITIONERS:
1 MUHAMMED ABBAS K.P.,AGED 56 YEARS
S/O.ABDUL KHADER.K.P., KOROTH POLI HOUSE, VATTOLI
BASAR(POST), (VIA) BALUSSERY, PIN-673 612.
2 ABDUL SAMAD,AGED 55 YEARS
S/O.ABDULLA, NADUVILAKKANDIYIL HOUSE, POST
BALUSSERY, PIN-673 612.
3 MUSTHAFA T.THONDIYERI,
S/O.ABDURAHIMAN, CHEMBAYI HOUSE, P.O.VATTOLY BAZAR,
BALLUSSERY, PIN-673 612.
BY ADVS.
SRI.C.VATHSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENTS:
1 BALUSSERY MAHAL JAMAYAT,
(PO) VATTOLY BASAAR, (VIA) BALUSSERY, PIN-673 612,
REPRESENTED BY THE SECRETARY.
2 P.ABOOBAKER,
S/O.AHAMED KUTTY, PULIYANGAL HOUSE, P.O.NANMANDA,
BALUSSERY (VIA), KOZHIKODE DISTRICT, PIN-673 613.
3 ABDUL GAFOOR.T.K.,S/O.IBRAHIM KUTTY, THOORATTU
KANDY, P.O.VATTOLY BAZAR, VIA BALUSSERY, KOZHIKODE
DISTRICT, PIN-673 613.
4 ABDUL JALEEL.M.K.
S/O.C.AHAMMED KUTTY, POOLAKKADATHKUTTY, P.O.VATTOLY
BAZAR, VIA BALUSSERY, KOZHIKODE DISTRICT,
PIN-673 613.
WPC No.21372 of 2020 2
5 JABIR.V.P.
S/O.ABDURAHIMAN KUTTY, NADUKKANDY HOUSE,
P.O.VATTOLY BAZAR, VIA BALUSSERY, KOZHIKODE
DISTRICT, PIN-673 613.
6 RIYAS.T.K.
S/O.POCKER, CHOYATH HOUSE, P.O.VATTOLY BAZAR, VIA
BALUSSERY, KOZHIKODE DISTRICT, PIN-673 613.
7 SHAKIR.M.
S/O.G.K.ABDULLA, MADATHIL HOUSE, P.O.BALUSSERY,
KOZHIKODE DISTRICT, PIN-673 613.
8 ABDUL JABBAR.T.
S/O.AHAMMED KOYA, ALAMKOTT HOUSE, P.O.VATTOLY
BAZAR, VIA BALUSSERY, KOZHIKODE DISTRICT,
PIN-673 613.
9 IMBICHI MUHAMMED,
S/O.KUNHAMMOTI, BISMI, P.O.THURUTHIAD, VIA
BALUSSERY, KOZHIKODE DISTRICT, PIN-673 613.
10 NASAR.V.,S/O.ATHRUMANKUTTY, VADOORKKANDY, ABAYAM,
POST VATTOLI BAZAR, VIA BALUSSERY, (HSA ARABIC,
GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL
THAMARASSERY), KOZHIKODE DISTRICT, PIN-673 612.
11 MAJEED.K.N.
ABDURAHIMAN KUTTY, THOTTATHUMKANDY HOUSE,
P.O.BALUSSERY, KOZHIKODE DISTRICT, PIN-673 612.
12 ABDUL NAZAR,
S/O.ABDULLA, KUNDOLAMKANDI HOUSE, P.O.NANMINDA, VIA
BALUSSERY, KOZHIKODE DISTRICT, PIN-673 613.
13 IBRAHIM KUNIYANKANDI,
S/O.MOIDEENKUNHI, KUNIYANKANDI HOUSE,
P.O.BALUSSERY, KOZHIKODE DISTRICT, PIN-673 612.
14 SUBAIR.E.K.
S/O.N.A.KOYA, MUSKAN, P.O.THURITHIYAD, VIA
BALUSSERY, KOZHIKODE DISTRICT, PIN-673 612.
15 MUHAMMED KOYA.V.V.
S/O.AMMOTTY, SAAPHALYA, P.O.THURITHIYAD, VIA
BALUSSERY, KOZHIKODE DISTRICT, PIN-673 612.
16 SAYED MUHAMMED,AGED 72 YEARS
S/O.MAMMU HAJI, P.B.NO.6, P.O.BALUSSERY,
PIN-676 612.
WPC No.21372 of 2020 3
17 KERALA STATE WAKF BOARD, KALOOR,
V I P ROAD, ERNAKULAM-682 018, REPRESENTED BY ITS
EXECUTIVE OFFICER, COCHIN-682 017.
18 KERALA STATE WAKF BOARD,
DIVISIONAL OFFICER, CALICUT, EROTH CENTRE, NEAR
FATHIMA HOSPITAL, BANK ROAD, CALICUT-673 001,
REPRESENTED BY ITS DIVISIONAL OFFICER.
19 T.C.NAJEEB,
ADVOCATE (RETURNING OFFICER APPOINTED BY THE WAKF
BOARD, THAMARASSERY, KOZHIKODE DISTRICT, PIN-673
573).
R1-2, R4-15 BY ADV. SRI.SHAHIM BIN AZIZ
R1-2, R4-15 BY ADV. SRI.P.A.ABDUL JABBAR
R1-2, R4-15 BY ADV. SRI.MUHAMMED SHAFFI
R16 BY ADV. SRI.GHOSH YOHANNAN
R18 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
R19 BY ADV. SRI.MATHEW KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.21372 of 2020 4
JUDGMENT
Dated this the 3rd day of March 2021
Heard Adv.C.Vathsalan and Adv.Ziraj holding for
T.K.Saidalikutty. The petitioners pray for the following reliefs:
(i) Appoint an Advocate Commissioner for the
conduct of the election to the Managing Committee
of the Ist respondent, for electing the new managing
committee after proceedings with process of
publishing the final voters list.
(ii) Direct the 17th and 18th respondent to take over
the management of Ist respondent Mahallu
Committee superseding the present managing
committee, till new managing committee is elected
after the election process.
(iii) Direct the 17th and 18th respondent to appoint a
receiver for the management of the Ist respondent
Mahal.
(iv) Issue such other writ or direction which this
Hon'ble Court may deem fit to pass int he
circumstances of the case."
2. Balussery Mahallu Jama-Ath, Vattoli Bazar P.O., Valussery
(Via), Pin 673 612, Kozhikode District, rep.by its Secretary and
P.Aboobaker, S/o Ahamed Kutty, Puliyangal House, Nenminda
P.O., Balusseri (Via), Kozhikode District filed Writ Petition
No.15340 of 2019 substantially complaining inaction of
respondents in considering and disposing of Exts.P6 and P8
referred in the said writ petition as illegal and amounts to
refusing to exercising the jurisdiction conferred on the Board by
Wakf Act. Through Ext.P10 judgment, the writ petition was
disposed of. The present complaint, in continuation of Ext.P10,
is that nothing is happening and the Wakf Board is not serious in
disposing of Exts.P6 and P8 pending before the Board.
Therefore, the petitioners pray for the reliefs referred to above.
3. We are afraid the writ prayers are completely
misconceived. The judgment of this Court in Ext.P10 if is not
obeyed by the Board, the remedies available against the alleged
disobedience ought to have been worked out in accordance with
law. There cannot be a situation where on account of failure in
disposing of Exts.P6 and P8 marked in Writ Petition No.15340 of
2019, this Court ought to usurp the duties and functions of the
Board. We are convinced that the relief of discretionary writ
remedy is misconceived.
4. The petitioners are given liberty to move the Board and the
persons interested can certainly complain disobedience of Ext.P10
and this Court will definitely examine the continued inaction of the
Wakf Board.
Writ Petition is dismissed with the above observations.
Sd/- S.V.BHATTI
JUDGE
Sd/- BECHU KURIAN THOMAS
JUDGE
Css/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE-LAW OF THE 1ST
RESPONDENT WAKF.
EXHIBIT P2 TRUE COPY OF THE PETITION OP NO.173 OF 2016
FILED BY PETITIONER NOW PENDING BEFORE 18TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COUNTER STATEMENT FILED BY
CONTESTING RESPONDENTS 1 TO 15 IN OP NO.173
OF 2016.
EXHIBIT P4 TRUE COPY OF AFFIDAVIT ALONG WITH PETITION
IN IA NO.4 OF 2019.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26.02.2019
IN WPC NO.5830/2019.
EXHIBIT P6 TRUE COPY OF THE WORK MEMO SUBMITTED BY THE
PETITIONER TO THE ADVOCATE COMMISSIONER
THROUGH 18TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT ALONG WITH
PETITION IA NO.70/2019 FILED BEFORE THE
18TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE COUNTER FILED BY THE 2ND
RESPONDENT IN IA NO.70/2019.
EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY 2ND
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 11.11.2019.
EXHIBIT P11 TRUE COPY OF THE PETITION FILED BEFORE THE
18TH RESPONDENT.
