Kerala High Court
Kishore Kumar vs Kerala State Wakf Board on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 20112 OF 2012
PETITIONER:
KISHORE KUMAR
AGED 47 YEARS
S/O.LATE A.K.RAMAN, ANARIKATT, ENALIKKADU ANNEX,
PALLICHAL ROAD, PALLURUTHY, KOCHI-682 006.
BY ADVS.
SRI.BABU KARUKAPADATH
SRI.JAGAN GEORGE
SRI.K.A.NOUSHAD
SRI.P.G.PRAMOD
SMT.M.A.VAHEEDA BABU
RESPONDENTS:
1 KERALA STATE WAKF BOARD
V.I.P ROAD, KALOOR, KOCHI-682 017, REPRESENTED BY
ITS CHIEF EXECUTIVE OFFICER.
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD, V.I.P ROAD, KALOOR,
KOCHI-682 017.
3 MR.RAFEEQ NINA
KAIKKAR, KOCHANGADI JAMA-ATH PALLI (CHEMBITTA
PALLI), KOCHANGADI, KOCHI-682 002.
BY ADVS.SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
SRI.R.O.MUHAMED SHEMEEM
SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20112/2012
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20112 of 2012
----------------------------------------------
Dated this the 16th day of March, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records leading to Exhibit P-3 order of
the 2nd respondent.
ii. Issue a writ of certiorari or any other appropriate
writ or order quashing Exhibit P-3 order of the 2 nd
respondent.
iii. Grant such other reliefs as this Hon'ble Court
shall deem just. (SIC)
2. The main challenge in this writ petition is against
Ext.P3, which is an order under Section 54(3) of the Wakf Act,
1995. Admittedly, there is an alternative remedy against this
order before the Wakf Tribunal under Section 83(2) of the
Wakf Act. If that is the case, the petitioner is free to challenge
the same before the Wakf Tribunal. This Court cannot decide
the disputed question invoking the power under Article 226 of
the Constitution of India. This writ petition is pending before
W.P.(C).No.20112/2012
this Court from 2012 onwards and there is an interim order in
favour of the petitioner. To facilitate the petitioner to
approach the Wakf tribunal, the interim order can be extended
for a period of six weeks from today. In the meanwhile, the
petitioner is free to approach the Wakf Tribunal and obtain
appropriate orders.
Therefore, this writ petition is disposed of in the
following manner:
1. The petitioner is free to approach the Wakf
Tribunal challenging Ext.P3 order, if he is
aggrieved by the same, within six weeks from
the date of receipt of a copy of this judgment.
2. For a period of six weeks, the operation of
Ext.P3 order shall be kept in abeyance.
3. All the contentions of the petitioner and the
respondents are left open.
4. The petitioner will deposit or pay the admitted
arrears of rent at the rate of Rs.750/- per
month, within six weeks from the date of
receipt of a copy of this judgment. If the
amount is not paid as directed above or proof
W.P.(C).No.20112/2012
of payment not produced, the 3 rd respondent is
free to do the needful in accordance to law.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.20112/2012
APPENDIX OF WP(C) 20112/2012
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE NOTICE DATED 27.03.2012
ISSUEDBY THE 2ND RESPONDENT OT THE
PETITIONER
Exhibit P2 COPY OF THE OBJECTION DATED 17.05.2012
SUBMITTED BY THE PETITIONER
Exhibit P3 COPY OF THE ORDER DATED 09.07.2012
ISSUED BY THE 2ND RESPONDENT
