Kunhabdulla.K vs The State Of Kerala
2023 Latest Caselaw 9346 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                PRESENT


                THE HONOURABLE MR.JUSTICE BASANT BALAJI


         FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945


                       W.P.(C) NO.28544 OF 2023


PETITIONERS:



     1     KUNHABDULLA.K, AGED 70 YEARS, S/O.AMMAD,
           KORANKANDIYIL HOUSE, NADAPURAM. P.O, KOZHIKODE - 673 504
     2     AYOOB.T., AGED 50 YEARS, S/O.KUNHAMMAD HAJI,
           THEECHILOTH HOUSE, KUMMANKODE, NADAPURAM. P.O,
           KOZHIKODE, PIN - 673 504
     3     SAFVAN.K, AGED 45 YEARS, S/O.ABDURAHIMAN, KKC HOUSE,
           ALAKKAL, KUMMANKODE, NADAPURAM. P.O, KOZHIKODE - 673 504.

           BY ADV K.PRAVEEN KUMAR


RESPONDENTS:



     1     THE STATE OF KERALA, REP. BY ITS SECRETARY,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695 001
     2     THE DIRECTOR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION, JAGADHI,
           THIRUVANANTHAPURAM, PIN - 695 014
     3     ASSISTANT EDUCATIONAL OFFICER, NADAPURAM.P.O,
           KOZHIKODE, PIN - 673 504
     4     SALAHIYATHSSIBIYAN MADRASSA COMMITTEE, KUMMANKODE,
           NP-IV-428, NADAPURAM .P.O, VATAKARA TALUK,
           REPRESENTED BY ITS SECRETARY, KOZHIKODE, PIN - 673 504
     5     THE MANAGER, KUMMANKODE EAST LP SCHOOL,
           KUMMANKODE, NADAPURAM. P.O., KOZHIKODE, PIN - 673 504
                                           2

     W.P.(C) No.28544 of 2023



     6       RAHMATHULLA CHIRAKKAL, AGED 50 YEARS, S/O.IBRAHIM,
             CHIRAKKAL HOUSE, KUMMANKODE, NADAPURAM.P.O,
             KOZHIKODE, PIN - 673 504.

             GOVERNMENT PLEADER, SRI. V.VENUGOPAL FOR - R1 TO R3


     THIS    WRIT    PETITION   (CIVIL)       HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        3

W.P.(C) No.28544 of 2023




                                JUDGMENT

(Dated: 25th August, 2023)

The petitioners are members of a madrasa committee registered

with the Kerala State Wakf Board.

2. The 4th respondent has an L.P. School known as

Kummankode East L.P. School. The 1st petitioner was elected as

president of the 4th respondent committee in the year 2019. The tenure

of the committee is two years, and the election was due in 2021. Due to

Covid-19 pandemic, the election was not conducted. Some of the

members of the committee made complaints to the Wakf Board

regarding the mismanagement and later directed the 1st petitioner

herein to convene a meeting to discuss the same. The meeting was

scheduled on 27.02.2023 and the 1st petitioner could not attend the said

meeting. In the said meeting, the 6th respondent was elected as

President and thereafter he approached the 3rd respondent to approve

him as the manager. By Ext.P3 proceedings, the 3rd respondent

W.P.(C) No.28544 of 2023

approved the 6th respondent as the manager of the school. Aggrieved

by Ext.P3, the petitioners have preferred Ext.P5 appeal before the 2nd

respondent. The prayers sought in the writ petition are as follows:

i.Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P3 and to quash the original of the same,

ii.Issue a writ of mandamus or any other writ order or direction directing 2nd and 3rd respondents to interdict the 6th respondent from taking any decisions affecting the property of the school including the financial transactions, as his appointment as the manager is under dispute;

iii.Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to consider and pass orders on Ext.P5 as expeditiously as possible,

iv.To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case, and

v.To permit the petitioner to produce translations of the vernacular documents as and when directed by this Hon'ble Court.

3. Heard counsel on either side and Sri.V.Venugopal, learned

Government Pleader for respondents 1 to 3.

Since a statutory appeal is pending before the 2nd respondent

against Ext.P3, the 2nd respondent is directed to take up Ext.P5 and issue

notice to the petitioner as well as the 6th respondent and all other parties

W.P.(C) No.28544 of 2023

if any, and hear them and pass appropriate orders within a period of two

months. Since the request is only for consideration of the appeal filed

by him as Ext.P5, notice to respondents 4 to 6 are dispensed with.

The writ petition is disposed of as indicated above.

Sd/-

BASANT BALAJI, JUDGE

ss

W.P.(C) No.28544 of 2023

APPENDIX OF WP(C) 28544/2023

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE OP.NO.49/2023 DATED 15.03.2023.

Exhibit P2 TRUE COPY OF THE OP.NO.125/2023 DATED 10.05.2023.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.KDS/C-

511/2023 DATED 18.05.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE OS.NO.58/2023 DATED 04.07.2023 FILED BEFORE THE LEARNED WAKF TRIBUNAL, KOZHIKODE ALONG WITH AFFIDAVITS AND INTERIM APPLICATIONS.

Exhibit P5 TRUE COPY OF THE APPEAL DATED 08.08.2023 SENT ON 12.08.2023 TO THE 2ND RESPONDENT.