Muhammed Ali. S.P vs 1. Station House Officer
2023 Latest Caselaw 5088 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.
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                  WP(C) NO. 11750 OF 2023
PETITIONER:

          MUHAMMED ALI. S.P
          AGED 36 YEARS
          S/O ABDULLA KUTTY,
          THURUMBAN KANDY HOUSE, ATHANIKKAL,
          WEST HILL P.O.,
          KOZHIKODE DISTRICT., PIN - 673005
          BY ADVS.
          SALIM V.S.
          K.MUHAMMED THOYYIB
          A.M.FOUSI
          A.B.AJIN


RESPONDENTS:

    1     STATION HOUSE OFFICER
          TOWN POLICE STATION, KOZHIKODE,
          KOZHIKODE DISTRICT., PIN - 673001
    2     ASSISTANT COMMISSIONER OF POLICE
          KOZHIKODE CITY, KOZHIKODE, PIN - 673001
    3     DIVISIONAL OFFICER
          KERALA STATE WAKF BOARD,
          DIVISIONAL OFFICE, KOZHIKODE., PIN - 673001
    4     THE KERALA STATE WAKF BOARD
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
          WAKF BOARD OFFICE,
          VIP ROAD, KALOOR,
          ERNAKULAM ., PIN - 682017
 WP(C)No.11750 of 2023

                                       2

     5       P.P UMAYYABI
             D/O MUHAMMED, MUTAWALLI,
             PUTHIYA PONMANICHINTAKAM WAKF,
             HALVA BAZAR, KOZHIKODE, PIN - 673005
             BY ADV FATHIMA FIDHA
             BY SRI.JAMSHEED HAFIZ, SC
             BY SRI.P.M.SHAMEER, GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.04.2023,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C)No.11750 of 2023

                                     3

 A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
               ......................................................
                     WP(C)No.11750 of 2023
            ................................................................
             Dated this the 13th day of April, 2023


                               JUDGMENT

Mohammed Nias.C.P. J.

This writ petition has been preferred for a direction to command

respondents 1 and 2 to take appropriate action on Exts.P3 and P4

representations and to stop the unauthorised construction being

carried out by the 5th respondent violating Ext.P2 order passed by the

Wakf Board.

Petitioner submits that he had moved the Wakf Board by filing OP

No.47 of 2023, and an order was passed on 15.03.2023 in IA No.96 of

2023, Ext.P2, restraining the respondents from constructing the

building without the prior approval of the Wakf Board. Alleging that

the 5th respondent is violating Ext.P2 order, this writ petition is filed.

2. We directed the respondents to get instructions, and upon

instructions, the learned Government Pleader who appeared for

respondents 1 and 2 stated that they had not seen any construction

activity going on as alleged in the writ petition when they visited the

property in question. We had also directed the Wakf Board to file a WP(C)No.11750 of 2023

statement after an inspection. A statement has been filed wherein it is

stated that they have not seen any construction being carried out by

the 5th respondent in the partly completed building in question. The

learned counsel appearing for the 5th respondent also submitted that

they are not doing any construction violating Ext.P2 order. All the

above submissions made on behalf of the parties are recorded.

We direct the parties to comply with Ext.P2 order of the Board

as long as it is in operation. We are told that the matter stands posted

on 20.06.2023 before the Board. In view of the above, nothing

remains to be considered in this writ petition. Accordingly, the same is

closed, leaving the parties to approach the Wakf Board for further

directions if so advised.

Sd/-A.K. JAYASANKARAN NAMBIAR, JUDGE

Sd/-MOHAMMED NIAS C.P., JUDGE

dlk/13.04.2023 WP(C)No.11750 of 2023

APPENDIX OF WP(C) 11750/2023

PETITIONERS EXHIBITS Exhibit-P1 THE TRUE COPY OF OP NO. 46/2023 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit-P2 TRUE COPY OF THE ORDER DATED 15.03.2023 IN I.A NO. 96/2023 IN O.P NO. 46/2023 Exhibit-P3 THE TRUE COPY OF THE REPRESENTATION DATED 25.03.2023 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit-P4 THE TRUE COPY OF THE RECEIPT DATED 25.03.2023 ISSUED BY THE 1ST RESPONDENT. Exhibit-P5 THE TRUE COPY OF THE REPRESENTATION DATED 25.03.2023 SUBMITTED BEFORE THE 2ND RESPONDENT .

Exhibit-P6 THE TRUE COPY OF THE RECEIPT DATED 25.03.2023 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS EXHIBITS

Exhibit-R5(a) True copy of the sale deed dated 15.07.2020 between the Muthawalli of the Puthiya Ponmanichintakam Waqf with the tenants Exhibit-R5(b)(i) True copy of the FIR numbered as 0756 dated 18.11.2022 of Kozhikode Town Police Station against Mr. Shabeer PP Exhibit-R5(b)(ii) True copy of the FIR numbered as 0162 dated 14.02.23 of Kozhikode Town Police Station against Mr. Shabeer PP Exhibit-R5(b)(iii) True copy of the FIR numbered as 0163 dated 14.02.2023 of Kozhikode Town Police Station against Mr. Shabeer PP Exhibit-R5(c) True copy of the representation dated 03.04.2023 filed before the Chief Executive Officer of the 4th Respondent WP(C)No.11750 of 2023

Board Exhibit R4a True copy of the Report of the 3rd Respondent dated 12.04.2023