Muhammed Kutty vs Kerala State Wakf Board
2023 Latest Caselaw 4600 Ker

         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 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                   WP(C) NO. 4455 OF 2023
PETITIONERS:

    1     MUHAMMED KUTTY,
          AGED 56 YEARS
          S/O ABDUL KHADER, CHATHENKELIL HOUSE,
          NETTOOR P.O. ERNAKULAM DISTRICT.,
          PIN - 682040
    2     HARSHAD A.K
          AGED 43 YEARS
          SON OF KUNJU MUHAMMED,
          AZHIKKATHU HOUSE, NETTOOR P.O.,
          ERNAKULAM DISTRICT., PIN - 682040
          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R


RESPONDENTS:

    1     KERALA STATE WAKF BOARD
          V.I.P. ROAD, ERNAKULAM
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
          PIN - 682017
    2     THE CHIEF EXECUTIVE OFFICER
          KERALA STATE WAKF BOARD, V.I.P. ROAD,
          ERNAKULAM, KALOOR ., PIN - 682017
    3     T.A ABDUL BASHEER
          THE INTERIM MUTHAVALLY,
          RESIDING AT THEVARUPARAMBIL HOUSE,
          MANJUMMAL P.O.
          ERNAKULAM, PIN - 683501
    4     T.P. SAJID, ADVOCATE,
 WP(C)No.4455 of 2023

                                      2

            THE RETURNING OFFICER,
            M/S. T.P. SAJID AND ASSOCIATES,
            NEAR HIBI EDEN MP'S OFFICE,
            NAIR SAMAJAM LANE,
            S.R.M. ROAD, KOCHI ., PIN - 682018
     5      NETTOOR MAHAL MUSLIM JAMA-ATH
            NETTOOR P.O , ERNAKULAM DISTRICIT.
            REPRESENTED BY INTERIM MUTHAVALLY ,
            T.A ABDUL BASHEER (3RD RESPONDENT),
            PIN - 683501
            BY ADVS.
            P.A.ABDUL JABBAR
            SHIFA LATHEEF
            MUHAMMED SHAFFI(K/1201/2012)
            EHLAS HALEEMA C.K.(K/001446/2021)
            MUHAMMED HAROON A.N.(K/001039/2022)
            BY SRI.TP.SAJID
            BY SRI.JAMSHEED HAFIZ, SC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.04.2023,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C)No.4455 of 2023

                                    3




 A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
               ......................................................
                      WP(C)No.4455 of 2023
            ................................................................
             Dated this the 12th day of April, 2023


                              JUDGMENT

Mohammed Nias.C.P. J.

This writ petition is filed seeking to quash Ext.P2, notification

dated 2.2.2023 proposing to conduct an election to the Nettoor Mahal

Muslim Jama-ath on 19.03.2023. There is also a further prayer seeking

direction to respondents 3 and 4 to conduct the election for electing

the committee to administer the 5th respondent, per Ext.P4 bye-laws.

2. The 4th respondent, the Returning Officer appointed by the

Wakf Board, submits that the election was conducted on 19.3.2023 as

per the fixed schedule, and a new committee has taken charge. This is

recorded.

In view of the above development, this writ petition is closed

without prejudice to the right of the petitioners to challenge the WP(C)No.4455 of 2023

election conducted on 19.3.2023 before the appropriate forum on all

available grounds. Reserving such liberty, this writ petition is closed.

Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE

Sd/- MOHAMMED NIAS C.P., JUDGE

dlk/12.04.2023 WP(C)No.4455 of 2023

APPENDIX OF WP(C) 4455/2023

PETITIONERS EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 15-11-2022 IN E.P. 3254/CR BEFORE THE KERALA STATE WAQF BOARD.

Exhibit P2 TRUE COPY OF NOTIFICATION DATED 2-02-

2023 PUBLISHED BY THE 4TH RESPONDENT IN THE NOTICE BOARD OF THE 5TH RESPONDENT. Exhibit P3 THE RELEVANT PAGES OF OLD BYE-LAW OF NETTOOR MAHAL MUSLIM JAMA-ATH. Exhibit P4 TRUE COPY OF NEW BYE-LAW OF NETTOOR MAHAL MUSLIM JAMA-ATH.

Exhibit P5 TRUE COPY OF THE OBJECTION DATED 06-02-

2023 FILED BEFORE 5TH RESPONDENT. Exhibit P6 TRUE COPY OF JUDGMENT DATED 11-07-2019 OF THIS HON'BLE COURT IN O.P. (WAKF) 16/2019 Exhibit P7 COPY OF RECEIPT DATED 08-02-2022 ISSUED BY THE OFFICER OF THE WAKF Exhibit P8 COPY OF NOTICE DATED 21-07-2022 PUBLISHED IN THE NOTICE BOARD OF THE WAKF Exhibit P9 COPY OF LETTER NO.NMJ 114/2022-23 DATED 23-07-2022 ISSUED BY THE WAKF Exhibit P10 THE TRUE COPY OF VOTERS LIST OF WARD NUMBER 6 RESPONDENTS ANNEXURES ANNEXURE R4 (a) True copy of the order dated 17/11/2022 OF THE 1st RESPONDENT ANNEXURE R4(b) True copy of the O.A. No. 72/2022 dated 22/11/2022 of the Honourable WAKF Tribunal , Kozhikode ANNEXURE R4 (c) True copy of the election notice Dated 2/2/2023 by the Returning Officer WP(C)No.4455 of 2023

ANNEXURE R4(d) True copy of the nomination form issued by the Returning officer ANNEXURE R4 (e) True copy of the said notice dated 14/2/2023 issued by the Returning officer ANNEXURE R4 (f) True copy of the final candidate list dated 22/2/2023