V.K.Ashaf Haji vs Kerala State Waqf Board
2023 Latest Caselaw 6741 Ker

WP(C) No.21006/2022                        1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                            &
                         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
             Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
                              WP(C) NO. 21006 OF 2022
   PETITIONERS:

      1. V.K.ASHAF HAJI, AGED 52 YEARS, S/O.ALI, MEMBER, THIRUVATHRA JAMA ATH
         COMMITTEE, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR - 680 516.
      2. PAREEDH K.A., AGED 55 YEARS, S/O.ABDURAHIMAN, MEMBER, THIRUVATHRA
         JAMA ATH COMMITTEE, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR - 680 516.
      3. ABDUL MAJEED, AGED 53 YEARS, S/O.BEERU, MEMBER, THIRUVATHRA JAMA ATH
         COMMITTEE, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR - 680 516.
      4. ABOOBACKER HAJI, AGED 56 YEARS, MEMBER, THIRUVATHRA JAMA ATH
         COMMITTEE, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR - 680 516.

   RESPONDENTS:

      1. KERALA STATE WAQF BOARD, VIP ROAD, KALOOR P.O., KOCHI - 682 017,
         REP. BY ITS CHIEF EXECUTIVE OFFICER.
      2. MUTHAWALLI, THIRUVATHRA JAMA ATH COMMITTEE, KERALA STATE WAQF BOARD,
         VIP ROAD, KALOOR P.O., KOCHI 682 017.
      3. C.A.MAJID, ADVOCATE, JAMA ATH COMMITTEE, CARGILL LANE, OLD RAILWAY
         STATION, ERNAKULAM SOUTH P.O., ERNAKULAM - 682 018.




        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased

        1) to pass an order of injunction restraining all actions with
   respect to thiruvathra jama- ath palli committee without the written
   consent and confirmation by wakf boear, pending disposal of the writ
   petition.

        2) to direct the 1st respondent to manage the affairs of the
   Thiruvathra Jama-Ath committee including custody of documents and records
   pending assumption of office by a new management committee as directed by
   this honorable court in Exhibit P5 or in the alternative maybe pleased to
   appoint a receiver to manage the affairs of the committee and to take
   custody of the records, documents and assets of the committee pending
   disposal of the writ petition.


         This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   05-01-2023 and upon hearing the arguments of M/S P.SATHISAN, DONA
 WP(C) No.21006/2022                2/4

   AUGUSTINE Advocates for the petitioners,and of SRI. JAMSHEED HAFIZ
   Advocate for R1& R2, the court passed the following:
 WP(C) No.21006/2022                         3/4




             A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
           -------------------------------------------
                     W.P.(C) No.21006 of 2022
           -------------------------------------------
              Dated this the 20th day of June, 2023

                                  O R D E R

A. Muhamed Mustaque, J.

The jurisdictional police shall ensure that no tress

are cut and removed from the WAKF property - Thiruvathra

Jama Ath Committee. If any trees have been cut, the police

shall ensure that it is not removed from the premises.

2. If the election has not been conducted so far

pursuant to Ext.P5 judgment, we permit the WAKF Board to

appoint an Administrator to take over the management.

Post on 26.06.2023.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

                                                  SOPHY THOMAS, JUDGE
         PR




20-06-2023                    /True Copy/                      Assistant Registrar
 WP(C) No.21006/2022                    4/4

APPENDIX OF WP(C) 21006/2022 Exhibit P5 TRUE COPY OF THE ORDER IN CRP (WAQF) NO.650 OF 2014 DATED 07/06/2019.

20-06-2023 /True Copy/ Assistant Registrar