Kerala High Court
A.A. Moosan vs The Kerala State Waqf Board on 12 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 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 912 OF 2023
PETITIONERS:
1 A.A. MOOSAN, AGED 63 YEARS
S/O. MEETHIN, ILAVUMKUDY VEEDU,
PONJASSERY P.O.
ERNAKULAM- 683 547.
THE PRESIDENT,
CHEMBARATHKUNNU MUSLIM JAMAATH,
PONJASSERY P.O,
ERANKULAM., PIN - 683547
2 C.M. AHAMMED, AGED 62 YEARS
S/O. MARAKKAR,
CHUNDAKKADAM HOUSE,
PONJASSERY P.O.
ERNAKULAM- 683 547,
THE SECRETARY,
CHEMBARATHKUNNU MUSLIM JAMAATH,
PONJASSERY P.O,
ERANKULAM., PIN - 683547
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
EHLAS HALEEMA C.K.
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD,
VIP ROAD, KALOOR, KOCHI, PIN-682 017,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2 BEERAN KUNJU C.M.,
AGED 63 YEARS
S/O MARAYKKAR, CHIRAYIKATTU VEEDU, SOUTH
VAZHAKKULAM P.O, ERNAKULAM., PIN - 683105
WP(C)No.912 of 2023
2
3 BASHEER M.M.,
AGED 53 YEARS
S/O MOHAMMED, METHARUKUDY,
SOUTH VAZHAKKULAM P O, ALUVA,
ERANKULAM., PIN - 683105
BY ADVS.
T.P.SAJID
SHIFA LATHEEF(K/1347/2016)
MUHAMMED HAROON A.N.(K/001039/2022)
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.912 of 2023
3
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
WP(C)No.912 of 2023
................................................................
Dated this the 12th day of April, 2023
JUDGMENT
Mohammed Nias.C.P. J.
The above writ petition is filed challenging Ext.P11 order passed
by the Kerala State Wakf Tribunal, Ernakulam, dated 4.1.2023 in the
matter of Chembarathkunnu Muslim Juma-ath, Ernakulam, restraining
the conduct of election without the prior permission of the Board. An
interim order was passed by this Court staying the operation of
Ext.P11.
2. Today, when the matter is taken up, it is submitted by both
sides that pursuant to the order of stay passed by this Court, an
election was conducted, and a committee has already taken charge.
Though learned counsel for respondents 2 and 3 submitted that
the election was improper and that serious errors were committed by
the Returning Officer in preparing the voters list, we are not inclined
WP(C)No.912 of 2023
to proceed further with this writ petition in view of the subsequent
event noted above. Without prejudice to the right of respondents 2 and
3 to challenge the election conducted pending the writ petition, this
writ petition is closed.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.,
JUDGE
dlk/12.04.2023
WP(C)No.912 of 2023
APPENDIX OF WP(C) 912/2023
PETITIONERS EXHIBITS
Exhibit-P1 TRUE COPY OF THE REGISTERED BYE-LAW OF
THE JAMA-ATH
Exhibit-P2 TRUE COPY OF THE DECISION TAKEN BY THE
JAMA-ATH COUNCIL IN ITS MEETING DATED
18.08.2022
Exhibit-P3 TRUE COPY OF THE NOTICE DATED 01.11.2022
PUBLISHED BY THE RETURNING OFFICER
Exhibit-P4 TRUE COPY OF THE DECISION TAKEN BY THE
MANAGING COMMITTEE
Exhibit-P5 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 07.12.2022
Exhibit-P6 TRUE COPY OF THE CANDIDATES LIST
PUBLISHED BY THE RETURNING OFFICER
Exhibit-P7 TRUE COPY OF THE ORIGINAL PETITION IN
O.P NO. 4 /2023
Exhibit-P8 TRUE COPY OF THE NOMINATION CONTAINING
THE SIGNATURE OF THE 2ND RESPONDENT
Exhibit9 TRUE COPY OF THE MINUTES OF THE GENERAL
BODY MEETING DATED 25.12.2022
Exhibit-P10 TRUE COPY OF THE I.A NO. 7/2023
Exhibit-P11 TRUE COPY OF THE ORDER PASSED IN I.A NO.
7/2023 DATED 04.01.2023
