T.K.Moitheen Koya vs Puthiya Ponmanichantakath ...
2021 Latest Caselaw 18016 Ker

CRP(WAKF) No.20/2021                       1/2




                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT
                        THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                         &
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Wednesday, the 1st day of September 2021 / 10th Bhadra, 1943

                       IA.NO.1/2021 IN CRP(WAKF) NO. 20 OF 2021


       WOS 48/2019 OF WAKF TRIBUNAL, KOZHIKODE.

   REVISION PETITIONER/ 1st AND 2nd DEFENDANTS:

      1. T.K.MOITHEEN KOYA, AGED 59 YEARS, S/O.T.K.MAMMU, TWICE FOOTWEAR,
         10/7, S.M.STREET, NAGARAM AMSOM DESOM, KOZHIKODE TALUK, PIN - 673
         001.
      2. T.K.ABDUL KADER, AGED 54 YEARS, S/O.T.K.MAMMU, TWICE FOOTWEAR,
         10/7A, S.M.STREET, NAGARAM AMSOM DESOM, KOZHIKODE TALUK, PIN - 673
         001.

   RESPONDENTS/ PLAINTIFF, 3rd AND SUPPL. 4TH DEFENDANTS:

      1. PUTHIYA PONMANICHANTAKATH UMMAYYABI MUTAWALLI, AGED 85 YEARS,
         PUTHIYA PONMANICHATAKATH THARAWARD WAQF, D/O.P.I.ALIKOYA HAJI,
         11/372, GREEN CABIN, CONVENT ROAD, NAGARAM AMSOM DESOM, KOZHIKODE
         TALUK, PIN- 673 032.

      2. CHIEF EXECUTIVE OFFICER, KERALA WAKF BOARD, VIP ROAD, KALOOR,
         ERNAKULAM- 682 017.
      3. KERALA STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, VIP
         ROAD, KALOOR, ERNAKULAM - 682 017.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   and implementation of the judgment in WOS No. 48/2019 dated 19-02-2021 on
   the file of the Wakf Tribunal, Kozhikode and all further proceedings
   pursuant to it.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S NIRMAL.S, VEENA HARI & RIYA ELIZABETH, Advocates for the
   petitioners and of STANDING COUNSEL for respondents 2 & 3 the court passed
   the following:

                                                                  (P.T.O)
 CRP(WAKF) No.20/2021                          2/2




                                       O R D E R

Heard Adv. RIYA ELIZABETH for the petitioner.

Interim order as prayed for on condition of deposit of an amount of Rs. 22,000/- (Rupees twenty two thousand only) within a period of one month, if not already paid.

Sd/- S.V.BHATTI, JUDGE

Sd/- VIJU ABRAHAM, JUDGE

01-09-2021 /True Copy/ Assistant Registrar