Kerala High Court
Muslim Brothers Association vs C.K.Ibrahim Master on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP (WAKF) NO. 17 OF 2022
AGAINST THE ORDER IN I.A.NO.247/2022 AND I.A.NO.248 OF 2022
IN WOS 36/2022 DATED 07.06.2022 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONERS/PLAINTIFFS:
1 MUSLIM BROTHERS ASSOCIATION,
KIDANGAYAM, PANTHALLOOR AMSOM,
KIDANGAYAM DESOM, PANTHALLOOR P.O.
REPRESENTED BY ITS SECRETARY,
SRI.P.ABDUL KHADER @ KUNJAPPA, AGED 82 YEARS,
S/O.AHAMMED, PUZHAKKAL HOUSE,
KIDANGAYAM P.O., PANTHALLOOR AMSOM,
KIDANGAYAM DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676521
2 SRI.P.ABDUL KHADER @ KUNJAPPA,
AGED 82 YEARS
S/O.AHAMMED, PUZHAKKAL HOUSE,
KIDANGAYAM P.O., PANTHALLOOR AMSOM,
KIDANGAYAM DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676521
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA V.J
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
O.P.(WAKF) No.17 of 2022
2
RESPONDENTS/RESPONDENTS:
1 C.K.IBRAHIM MASTER, AGED 69 YEARS
S/O.MUHAMMED,
CHULLICKULAVAN HOUSE, KIDANGAYAM P.O.,
PANTHALLOOR AMSOM, KIDANGAYAM DESOM,
ERANAD TALUK, MALAPPURAM DISTRICT, PIN - 676521
2 KIDANGAYAM MUSLIM BROTHERS ASSOCIATION,
KIDANGAYAM, PANTHALLOOR AMSOM,
KIDANGAYAM DESOM PANTHALLOOR P.O.,
REPRESENTED BY ITS SECRETARY,
C.K.IBRAHIM MASTER, AGED 69 YEARS, S/O.MUHAMMED,
CHULLICKULAVAN HOUSE, KIDANGAYAM P.O.,
PANTHALLOOR AMSOM, KIDANGAYAM DESOM,
ERANAD TALUK, MALAPPURAM DISTRICT, PIN - 676521
3 STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
MALAPPURAM, MALAPPURAM P.O, PIN - 676505
4 DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM DISTRICT, MALAPPURAM P.O., PIN - 676505
5 ASSISTANT EDUCATIONAL OFFICER,
MANJERI, MANJERI P.O,
MALAPPURAM DISRICT, PIN - 676121
6 KERALA STATE WAKF BOARD,
REPRESENTED BY CHIEF EXECUTIVE OFFICER,
VIP ROAD, KALOOR, KOCHI, PIN - 682017
BY ADV JAMSHEED HAFIZ
OTHER PRESENT:
SR ADV GEORGE POONTHOTAM
SRI.P.M.SHAMEER
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 23.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(WAKF) No.17 of 2022
3
S.V.BHATTI & BASANT BALAJI, JJ.
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O.P.(WAKF) No.17 of 2022
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Dated this the 23rd day of June, 2022
J U D G M E N T
BASANT BALAJI, J.
This original petition is filed for the following
reliefs:
(i)Set aside Exhibit P15 and Exhibit P16 orders dated
07.06.2022 in I.A.No.247 of 2022 and I.A.No.248 of
2022 in WOS 36/2022 of the Honourable Wakf Tribunal,
Kozhikode;
(ii)Allow I.A.No.247 of 2022 and I.A.No.248 of 2022
in WOS 36/2022 of the Honourable Wakf Tribunal,
Kozhikode;
(iii)Pass such other orders as may be necessary in
the interest of justice.
2. Ext.P15 is an order in I.A.No.248 of 2022, which
was filed for appointment of a Receiver to manage the
plaint schedule property and the School therein till the
disposal of the suit. Ext.P16 is I.A.No.247 of 2022,
which was filed for an interim injunction restraining the
respondents and their men from committing waste in the
property, carrying out new constructions therein or
altering the nature of plaint schedule property. The Wakf
O.P.(WAKF) No.17 of 2022
Board dismissed both the petitions finding that a prima
facie case is not made out and that the balance of
convenience is in favour of the respondents.
3. The main issue resolves around the managership
of a school. The petitioner association as well as the 2 nd
respondent association claims that they are in management
and managers appointed by them have to manage the school.
The Tribunal in Ext.P16 found that respondents 1 and 2
are in administration and management of Kidangayam A.M
L.P. School for the last so many years and any order
disturbing is not advisable and will cause irreparable
injury to the respondents.
4. Since the matter relates to the managership of
school and the same being managed by respondents 1 and 2
at present. We are of the considered opinion that there
are no grounds to interfere with ExtS.P15 and P16 orders
passed by the Tribunal. But taking note of the hardship
that would be caused for the smooth functioning of the
school, we deem it appropriate that the 6 th respondent-
O.P.(WAKF) No.17 of 2022
Wakf Board is directed to take up WOS No.36 of 2022 and
dispose of the matter within a period of nine months from
the date of receipt of a certified copy of the judgment.
Any appointment made by respondents 1 and 2 would be
subject to the out come of WOS No.36 of 2022
The condition imposed by this order shall be brought
to the notice of the job aspirants in AMLP School,
Manjeri.
This O.P.(Wakf) is disposed of.
Sd/-
S.V.BHATTI, JUDGE
Sd/-
BASANT BALAJI, JUDGE
AS
APPENDIX OF OP (WAKF) 17/2022
O.P.(WAKF) No.17 of 2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF OS NO. 36/2022 FILED BY THE
PETITIONERS BEFORE THE WAKF TRIBUNAL
KOZHIKODE DATED 24-08-2021
Exhibit2 TRUE COPY OF DOCUMENT NO : 3457/1984
DATED 27/8/1984 OF MANJERI SUB REGISTRY
Exhibit P3 TRUE COPY OF PROCEEDINGS OF THE DIRECTOR
OF PUBLIC INSTRUCTIONS DATED 16/04/1986
Exhibit P4 TRUE COPY OF RECEIPT FOR PAYMENT OF BASIC
TAX DATED 23-11-2001
Exhibit P5 TRUE COPY OF JUDGMENT IN W.P.(C).NO.
26595 OF 2017 DATED 29-03-2019 OF THIS
HON'BLE COURT
Exhibit P6 TRUE COPY OF JUDGMENT DATED 25-05-2020 IN
WRIT APPEAL NO.1115 OF 2019 OF THIS
HON'BLE COURT
Exhibit P7 TRUE COPY OF I.A.NO.247 OF 2022 IN
O.S.NO. 36/2022 FILED BY THE PLAINTIFFS
BEFORE THE WAKF TRIBUNAL KOZHIKODE
Exhibit8 TRUE COPY OF COUNTER STATEMENT TO
EXHIBIT.P7 FILED BY THE DEFENDANTS 1 AND
Exhibit9 TRUE COPY OF I.A.NO.248 OF 2022 IN
O.S.NO. 36/2022 FILED BY THE PLAINTIFFS
BEFORE THE WAKF TRIBUNAL KOZHIKODE
Exhibit10 TRUE COPY OF COUNTER STATEMENT TO
EXHIBIT.P9 FILED BY THE DEFENDANTS 1 AND
Exhibit11 TRUE COPY OF COMMISSION REPORT IN
I.A.NO.250 OF 2022 IN O.S.NO.36 OF 2022
O.P.(WAKF) No.17 of 2022
BEFORE THE WAKF TRIBUNAL, KOZHIKODE
Exhibit12 TRUE COPY OF WRITTEN STATEMENT FILED BY
THE DEFENDANTS 1 AND 2 IN O.S.NO. 36 OF
2022 BEFORE THE WAKF TRIBUNAL, KOZHIKODE
Exhibit13 TRUE COPY OF WRITTEN STATEMENT DATED 23-
05-2022 FILED BY THE 6TH DEFENDANT IN
O.S.NO. 36 OF 2022 BEFORE THE WAKF
TRIBUNAL, KOZHIKODE
Exhibit P14 TRUE COPY OF JUDGMENT DATED 31-05-2022 IN
O.P.(WAKF) NO.16 OF 2022 OF THIS HON'BLE
COURT
Exhibit P15 TRUE COPY OF THE ORDER IN EXHIBIT.P7
I.A.NO.247 OF 2022 IN O.S.NO.36 OF 2022
DATED 07-06-2022 OF THE WAKF TRIBUNAL,
KOZHIKODE
Exhibit P16 TRUE COPY OF THE ORDER IN EXHIBIT.P9
I.A.NO.248 OF 2022 IN O.S.NO.36 OF 2022
DATED 07-06-2022 OF THE WAKF TRIBUNAL,
KOZHIKODE
