Kerala High Court
Sayed Hussain Muthukoya Thangal vs Pookkoya Thangal on 5 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 5th day of April 2023 / 15th Chaithra, 1945
CRP(WAKF) NO. 39 OF 2022
(AGAINST THE JUDGMENT DATED 19.07.2022 IN WOS 204/2019 OF WAKF TRIBUNAL,
KOZHIKODE)
REVISION PETITIONERS/PLAINTIFFS:
1. SAYED HUSSAIN MUTHUKOYA THANGAL, AGED 63 YEARS, S/O. ELAYITHODIYIL
SAYYID ISMALUTTY KOYA THANGAL, PAYYANAD AMSOM, DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676122
2. SHAREEFA KUNHI BEEVI, AGED 61 YEARS, D/O ELAYITHODIYIL SAYYID
ISMALUTTY KOYA THANGAL, PAYYANAD AMSOM, DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676122
3. KARAKKADAN KUNHIMUHAMMED @KUNHOOTTY, AGED 69 YEARS, S/O
AHAMMEDKUTTY, WORKING SECRETARY K.C.JAMALUDHEEN MUSLIYAR SMARAKA
ISLAMIKA COMPLEX (REG. 612/2001) PAYYANAD AMSOM, NELLIKKUNNU DESOM,
ERANAD TALUK, MALAPPURAM, PIN - 676122
BY ADV.SRI. K.M.SATHYANATHA MENON
RESPONDENTS/RESPONDENTS:
1. POOKKOYA THANGAL, AGED 66 YEARS, S/O. ELAYITHODIYIL SAYYID
ISMALUTTIKOYA THANGAL, PAYYANAD AMSOM DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT,, PIN - 676122
2. KARANTHUR MARKAZ SAKAFATHI SUNNIYYA, REP. BY SECRETARY ABOOBACKER
MOULAVI S/O. ALUNGAPOYIL AHAMMED HAJI, KOYILANDY TALUK, UNNIKULAM
AMSOM, KANTHAPURAM DESOM, P.O. UNNIKULAM, KOZHIKODE DISTRICT, PIN -
673574
3. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER, V.L.P ROAD, KALOOR, KOCHI, PIN - 682017
BY ADV.SRI.M.KRISHNAKUMAR, (CAVEATOR) for R1 & R2.
This CRP (Wakf Act) having come up for orders on 05.04.2023, the
court on the same day passed the following:
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
CRP(Wakf) No.39 of 2022
................................................................
Dated this the 5th day of April, 2023
ORDER
Mohammed Nias.C.P. J.
By order dated 30.09.2022, this Court was pleased to grant an
order of status quo in CRP (Wakf) 39 of 2022 in all aspects of the
scheduled property for eight weeks. Later, by order dated
23.11.2022, IA No.4 of 2022 was filed by respondents 1 and 2 herein
to modify the status quo order passed on 23.09.2022 so as to permit
them to conduct the prayers and also to celebrate yearly Uroos in
the scheduled property between 4 to 6.12.2022. IA No.5 of 2022 was
filed by the revision petitioners to permit them to conduct Uroos
from 12.5.2022 to 15.5.2022 and conduct monthly prayers on the
4th Monday of every month. Considering both applications, the
order of status quo was modified as follows:-
"(i) The respondents 1 and 2 in the C.R.P. are permitted to
conduct uroos on 4 to 6/12/2022. The petitioners in the C.R.P.
undertake that they will not create any law and order problems
during the period from 4.12. to 6.12.2022 when the uroos
festival is being conducted.
CRP(Wakf) No.39 of 2022
(ii) The petitioners in CRP are permitted to conduct Uroos festival
during the period from May 12 to May 15, 2023, and respondent
Nos.1 and 2 undertake that they will not create any law and order
problem during the period Uroos festival which is being conducted
by petitioners.
(iii) The revision petitioners are also permitted to do monthly
prayers on 4th Sunday of every month without creating any law
and order problems. "
2. Later by the interim order dated 12.01.2023, this Court,
after noticing the contention of both sides, the order passed on
23.11.2022 was modified as follows:-
"(i) The respondents 1 and 2 in the C.R.P. are permitted to conduct
uroos on 4 to 6/12/2022. The petitioners in the C.R.P. undertake
that they will not create any law and order problems during the
period from 4.12. to 6.12.2022 when the uroos festival is being
conducted. (ii) The petitioners in CRP are permitted to conduct
Uroos festival during the period from May 12 to May 15, 2023,
and respondent Nos.1 and 2 undertake that they will not create
any law and order problem during the period Uroos festival which
is being conducted by the petitioners.
(iii) The revision petitioners are also permitted to do monthly
prayers on 4th Sunday of every month without creating any law
and order problems.
3. Today, when the matter is taken up, the learned counsel for
CRP(Wakf) No.39 of 2022
the revision petitioners, Sri. KM. Sathayanatha Menon submits that
they may be allowed to conduct Uroos, which is scheduled in the
second week of May, and there may be a further direction to the
respondents not to create any law and order situation when the
revision petitioners conduct Uroos outside the building/house in
question. It is also his submission that respondents 1 and 2 had
conducted their Uroos festival during December 2022, and the
revision petitioners had not caused any disturbance to the conduct
of Uroos.
4. After hearing the learned counsel on either side, we deem it
appropriate to permit the revision petitioners to conduct the Uroos
in the second week of May outside the house/building in the plaint
schedule property. Respondents 1 and 2 herein shall not cause any
disturbance/obstruction to the conduct of Uroos by the revisions
petitioners herein.
Post the revision petition on 23.05.2023.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.,
JUDGE
dlk/05.04.2023
