Hameedali.K.P vs Chief Executive Officer
2023 Latest Caselaw 5191 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                             &
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                  OP (WAKF) NO. 13 OF 2023
AGAINST THE ORDER/JUDGMENT IN OS 16/2023 OF WAKF TRIBUNAL,
                         KOZHIKODE
PETITIONER/APPLICANT:

         HAMEEDALI.K.P, AGED 50 YEARS
         S/O AMMEDKUTTY, KAIPANKANDIYIL HOUSE,
         KIZHAKKOTH, KODUVALLY,
         PANNUR, KOZHIKODE DISTRICT,, PIN - 673572
         BY ADVS.
         VIMAL VIJAY
         K.JAYESH MOHANKUMAR
         PUSHPARAJAN KODOTH
         VANDANA MENON
         P.SHAMSUDDEEN

RESPONDENTS:

    1    CHIEF EXECUTIVE OFFICER
         THE KERALA STATE WAKF BOARD,
         V.I.P. ROAD, KALOOR,
         KOCHI, PIN - 682017
    2    DIVISIONAL OFFICER
         KERALA STATE WAKF BOARD,
         DIVISIONAL OFFICE,
         KOZHIKODE, PIN - 673001
    3    PANNUR KARANDOMTHOOK JUMA-ATH PALLI COMMITTEE
         REPRESENTED BY ITS PRESIDENT
         R.K.KALANTHANKUTTY HAJI,
         S/O. USSAIN HAJI AGED 73,
         KIZHKKOTH, KODUVALLY,
         PANNUR, KOZHIKODE DISTRICT, PIN - 673572
    4    K. AHAMMED KUTTY
         S/O. MUHAMMED HAJI,
         KOLLORUTHODIKAYIL,
 OP(Wakf)No.13 of 2023

                                      :2:


             PANNOOR, KIZHAKKOTH P.O.,
             KOZHIKODE, PIN - 673572
     5       R.K. ABDUL KHADER
             S/O. MOHAMMED HAJI,
             RAYINKANDIYIL HOUSE, PANNOOR P.O.,
             KIZHAKKOTH, KOZHIKODE, PIN - 673572
     6       ADV. K. SADIQUE
             RETURNING OFFICER,
             2ND FLOOR, S.M. ARCADE,
             P.M. TAJ ROAD, KOZHIKODE, PIN - 673001


             R1 & R2 BY SRI.JAMSHEED HAFIZ, SC


      THIS    OP   (WAKF)       HAVING      COME   UP    FOR    ADMISSION   ON
18.04.2023,     THE     COURT    ON   THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(Wakf)No.13 of 2023

                                      :3:




           MARY JOSEPH & MOHAMMED NIAS.C.P. JJ.
            ===========================
                    OP(Wakf)No.13 of 2023
            ===========================
             Dated this the 18th day of April, 2023


                                JUDGMENT

Mohammed Nias.C.P.J

This original petition (Wakf) is filed with the following prayers:-

"i) to direct the Wakf Tribunal to consider Exhibits Ext.P4, P5, P7 & P8 at the earliest;

ii) grant such other relief as this Hon'ble Court may deem fit and

proper in the circumstances of the case; and

iii) to dispense with the production of English translation of

vernacular language"

2. The respondents have entered appearance. Having heard the

learned counsel for the parties and perusing the records with

reference to the relief sought, we direct the Wakf Tribunal,

Kozhikode, to consider and pass orders in accordance with law on

Exts.P5 to P8, interlocutory applications preferred by the petitioner

herein within a period of three weeks from the next date of posting.

Till orders are passed as directed above, the status quo as on today OP(Wakf)No.13 of 2023

shall be maintained by all the parties.

The Original petition is disposed of as above.

Sd/-

MARY JOSEPH JUDGE

Sd/-

MOHAMMED NIAS.C.P.

JUDGE

dlk/18.04.2023 OP(Wakf)No.13 of 2023

APPENDIX OF OP (WAKF) 13/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGISTER OF WAKF DATED NIL Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT IN EP.757/2015 DATED 28.12.2022 Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 07.02.2023 IN WP(C).3964/2023 Exhibit P4 A TRUE COPY OF THE PLAINT DATED 19/02/2023 Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 16.02.2023 SEEKING INTERIM INJUNCTION Exhibit P6 A TRUE COPY OF THE COMMISSIONER'S REPORT AND PLAN DATED 07.03.2023 Exhibit P7 A TRUE COPY OF THE OA.16/2023 DATED 07.03.2023 Exhibit P8 A TRUE COPY OF THE IA 187/2023 IN OA.16/2023 APPLICATION DATED 07.03.2023 TO STAY THE OPERATION IN EP 757/2015 Exhibit P9 A TRUE COPY OF THE IMPLEADING PETITION DATED 14.03.2023 FILED IN EP.757/2015 Exhibit P10 A TRUE COPY OF THE IA.107/2023 IN EP.757/2015 DATED 24.03.2023 Exhibit P11 A TRUE COPY OF THE IA.110/2023 IN EP.757/2015 DATED 24.03.2023 Exhibit P12 A TRUE COPY OF THE ORDERS DATED 25.03.2023 IN IA.108/2023 Exhibit P13 A TRUE COPY OF THE ORDERS DATED 25.03.2023 IN IA.109/2023IN EP.757/2015 Exhibit P14 A TRUE COPY OF THE ORDERS DATED 25.03.2023 IN IA.110/2023IN EP.757/2015