A T Muhammadunni vs The Kerala State Waqf Board
2022 Latest Caselaw 640 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                   WP(C) NO. 1401 OF 2022
PETITIONER/S:

    1     A T MUHAMMADUNNI, AGED 64 YEARS,
          S/O. ABDUL REHIMAN, THEKKUMPURATH HOUSE,
          PALAYUR, P.O.CHAVAKKAD, THRISSUR-680506.
    2     R.V.ABDUL MAJEED, AGED 59 YEARS,
          S/O.MUHAMMED, RAIN MARAKKAR HOUSE, KARAKKAD,
          P.O.GURUVAYOOR, THRISSUR-680101.
    3     A.V.UMMAR, AGED 69 YEARS,
          S/O. MUHAMMED HAJI, AMBALATH HOUSE,
          PALAYUR, P.O.CHAVAKKAD, THRISSUR-680506.
          BY ADVS.
          P.B.KRISHNAN
          P.B.SUBRAMANYAN
          SABU GEORGE
          MANU VYASAN PETER


RESPONDENT/S:

          THE KERALA STATE WAQF BOARD,
          REP. BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
          KALOOR, ERNAKULAM, KOCHI-682017.
          BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
          BY SRI. JAMSHID HAFIZ, SC, KSWB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.1401/2022                  2



                             JUDGMENT

A.Muhamed Mustaque, J.

The petitioners have approached this Court seeking the

following reliefs:

I. Issue a writ of mandamus or any other order or direction in the nature thereof directing the respondent to finalise the proceedings pursuant to Ext.P2 with regard to the balance properties, excepting 97 cents in Re.Sy.No.195/16 of Palyur Desom of Guruvayur Village covered by prior proceedings, within a time frame fixed by this Hon'ble Court.

ii. Issue such other orders as this Hon'ble Court may deem fit and proper to grant in the facts and on the circumstances of the case.

iii. Award the petitioner to costs of this writ petition.

2. We heard the learned counsel appearing for the

petitioners and the learned Standing Counsel appearing for the

Wakf Board.

Considering the long pendency of the above matter before

the Wakf Board, we direct the Wakf Board to dispose of Ext.P2,

as expeditiously as possible, at any rate, within a period of three

months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF WP(C) 1401/2022

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE WAQF DEED, DATED 19.10.1888 REGISTERED AS DOC. NO.2864 OF 1888 SRO, CHAVAKKAD.

EXHIBIT P2 TRUE COPY OF PETITION NO.44 OF 2002, FILED BEFORE THE RESPONDENT BOARD. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 30.1.2019 FILED BY THE PETITIONERS BEFORE THE RESPONDENT.